IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24370 OF 2011 NAND KISHORE PASWAN,S/O PREMLAL PASWAN, R/O VILLAGE MABBI, P.S MABBI, DISTRICT DARBHANGA. …………………PETITIONER. VERSUS THE STATE OF BIHAR. ………………………OPPOSITE PARTY. ----------- 03/ 24.10.2011 Heard counsel for the petitioner and counsel for the State. The petitioner facing prosecution for the offence under Section 366A and other allied offences seeks anticipatory bail on the ground that actually he was married to the victim lady and the victim lady after alleged recovery had also supported the factum of marriage in her statement recorded under Section 164 of the Cr.P.C. He has also stressed on the aspect that the date of occurrence is said to be of 27.07.2009 but almost after one month i.e 25.08.2009, the brother of the victim lady had lodged First Information Report. Counsel for the petitioner has also submitted that ever since the marriage of the petitioner with the victim lady, they are living happily and are blessed with two childrens. 2 Considering all these aspects including the fact that the age of the victim lady was assessed to be 19 years on the date of her examination under Section 164 Cr.P.C by the Court and that the records of the School shows that on the date of occurrence, she was more than 17 years of age, this Court would direct the petitioner namely Nand Kishore Paswan to surrender within a period of four weeks from today and if he does so, he would be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Pupri, Sitamarhi in connection with Nanpur P.S case No. 96 of 2009 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following four conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a 3 single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner, in case, is now made accused in any other criminal case,that would itself lead to cancellation of his bail. (iv) If at any point of time the victim lady, the wife of the petitioner complains against the conduct of the petitioner, his bail shall stand cancelled. Ranjan (Mihir Kumar Jha, J.)