S. C. MOHAPATRA, J. ( 1 ) THIS is an application for anticipatory bail under Section 438 Cr. P. C. ( 2 ) ON 3-5-1989, Purna Chandra Nai, lodged information at Capital Police-station that on 1-5-1989 his daughter had gone out side and had not returned back and he heard from his relatives that she was found with the petitioner at about 2 p. m. that day and petitioner was not found in his quarters. On the basis of this information, a case was registered in the Police station under Section 366 I. P. C. ( 3 ) DURING investigation, brother and uncle of the petitioner were arrested and Investigating Officer insisted that they should produce the petitioner before him. They were released on bail by the learned Sessions Judge. ( 4 ) PETITIONER is a Lower Division Clerk in Bhubaneswar Telephone Exchange. Since Police Officers are bent upon arresting him on account of the informant and his family members to cause humilation and harassment to the petitioner, this application for bail has been filed. ( 5 ) IN view of the assertion that petitioner has married the victim girl on 20-5-1989 which has been registered under the Hindu Marriage Act, I directed to issue notice to the informant to appear personally and also directed that victim girl should also appear with the petitioner personally. On that basis all have appeared today. ( 6 ) VICTIM girl is claimed to be a student in 2 Arts in Rama Devi Women's College and is aged between 19 and 20 years. She has filed an affidavit that she has married the petitioner and is now under conception to give birth to a child. ( 7 ) INFORMANT claimed before me that petitioner is a minor and has been enticed away from his custody. He submitted that petitioner is threatening through his friends his younger brother that in case bail is granted they would take revenge. Besides her daughter is not safe in hand of the petitioner. ( 8 ) VICTIM girl is now carrying a child in her womb. Both sides have produced materials wherefrom age of the girl comes between 17 and 20 years. In the peculiar circumstances, I am inclined to' come to a prima facie view that girl is above the age of 18 years.
( 8 ) VICTIM girl is now carrying a child in her womb. Both sides have produced materials wherefrom age of the girl comes between 17 and 20 years. In the peculiar circumstances, I am inclined to' come to a prima facie view that girl is above the age of 18 years. Petitioner assures in Court that he would maintain his wife the victim girl befiting to the status of the family where she was brought up and victim girl also states that she being the life companion of the petitioner will share the pleasure and discomforts of the petitioner. While petitioner denied the allegation of threat, he has stated that there is no question of any revenge since on marriage informant and his family members become respectable to him and he would show all respects to them. ( 9 ) ALTHOUGH, I am not convinced that the Officer-in-charge is bent upon arresting the petitioner for which I am not granting anticipatory bail, I direct that petitioner shall surrender in the Court of the Sub-divisional Judicial Magistrate, Bhubaneswar on 19-3-1990 and that day shall be released on bail of Rs. 2,000/- with one surety for the like amount to the satisfaction of the learned Magistrate subject to condition that he shall file an affidavit that he has duly married the victim girl and shall produce the marriage certificate in that Court within two months from today. He shall also file an affidavit sworn to by the victim girl or a certified copy of the affidavit filed in this Court to the effect that she has married the petitioner. In case, the conditions are not fulfilled within the time granted, bail granted shall automatically stand cancelled without reference to Bench. Petitioner shall not be arrested till end for 19-3-1990. This order is passed in the interest of justice to protect the victim girl from social stigma. ( 10 ) IN the result, application for bail is disposed of. Order accordingly.