IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34985 of 2010 RUPAK KUMAR, S/O RAVINDRA PRASAD, R/O VILLAGE-MANIKPUR, P.S.-ALIPUR, DISTRICT-GAYA. ………………PETITIONER. Versus THE STATE OF BIHAR. …………………OPPOSITE PARTIES. ----------- 2 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 363 and 366(A) of the Indian Penal Code. It is stated that the FIR was instituted after one month of the alleged occurrence. Thereafter, the victim girl has been recovered and she has recorded her statement under Section 164 Cr.P.C. which is Annexure-2 to the application from which it appears that, on her own volition she has fled away with the petitioner and had married. After coming to know about the case instituted by her father both of them have come back and appeared before the court and recorded her statement with regard to having fled away and married with the petitioner. Petitioner is in custody since 30.06.2010. Considering the statement of the victim girl under Section 164 Cr.P.C., this application is allowed. Let petitioner Rupak 2 Kumar be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No.10 of 2010 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Arvind/ ( J. N. Singh, J.)