IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23633 of 2008 NAGENDRA SAHANI Versus STATE OF BIHAR ----------- 2. 1.7.2008 Heard. The case is under Sections 363(A), 366(A), 368 and 120(B)/34 of the Indian Penal Code. The police after investigation reported the case to be true only under Sections 366(A) and 376 of the Indian Penal Code. The case is of enticing away the daughter of the informant so as to getting married to her. However, the statement of the lady recorded under Section 164 of the Code of Criminal Procedure indicates as if she had voluntarily left her father’s house so s to go away and get married to the petitioner. She has further stated that she was living peacefully with the petitioner. However, an order Annexure 5, passed by the Principal Judge, Family Court, Motihari, East Champaran, indicates that she was sent to the Remand Home, Gaighat, Patna, because the learned Judge assessed the age of the girl at about 17 years. The contention is that the medical report indicates that the age of the girl was 16 to 17 years. It could be a case where the lady could also be above 18 years or above because an addition of three years could be made to the assessment of the age of the girl and as such the lady cold be said being at the verge of majority. In that view, as also in view of her statement that she herself left the house of his father, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 2nd, Motihari, East Champaran, in Sessions Trial No. 16 of 2008 arising out of Harsidhi P.S.Case No. 177 of 2007. ( Dharnidhar Jha, J.) Kanth