IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37487 of 2009 KUNAL KUMAR SINGH, SON OF DHANANJAY KUMAR SINGH @ DHANANJAY PRASAD SINGH, RESIDENT OF VILLAGE DARSUR, P.S. WARISNAGAR, DISTRICT- SAMASTIPUR………………………………..PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ---------- For the Petitioner : M/s. S.N.P. Sinha, Senior Advocate and Jitendra Sinha, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 2. 5.11.2009. Learned counsel for the petitioner files supplementary affidavit. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 363 and 366A/34 of the Indian Penal Code. Allegation is that the petitioner has kidnapped the minor girl for the purpose of marriage. Learned counsel for the petitioner submitted that girl has eloped with the petitioner at her own will and marriage has been performed in a local Vidyapati Mandir. Learned counsel for the petitioner has brought on record the - 2 - photographs of the marriage also as well as the donation receipt for providing temple premises for marriage. It is further stated that, during the course of investigation, it has come that the parents of victim were putting pressure upon her to make a false statement that she has been kidnapped and even in her statement under Section 164 Cr.P.C., though she has stated under pressure that she was kidnapped by the petitioner and wants to live with her parents but has also stated that case against this petitioner shall not proceed. It is also stated that the materials collected during the course of investigation clearly suggest that both of them had gone at their own will and had married which is reflected from the supervision note of the Dy.S.P. Medical Board was constituted and its report, which has been appended as Annexure-‘3’ to this application, goes to show that there was no external or internal injury or mark of violence upon the body of the victim and her age has been assessed by the Medical Board to be of 18 ½ to 19 years. Learned A.P.P. for the State submitted that the allegation is of kidnapping of the minor girl for the purpose of marriage but the report of the Medical Board suggests her - 3 - age to be between 18 ½ to 19. Having regard to the facts and the circumstances of the case, the petitioner, Kunal Kumar Singh, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Samastipur, in connection with S.T. No.547 of 2009, arising out of Kalyanpur P.S.Case No.120 of 2009. P.S. (Dr. Ravi Ranjan,J)