IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20927 of 2010 KANHAI SAHANI Versus THE STATE OF BIHAR ----------- 2 25.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Dariyapur P.S. No. 25 of 2010 for offences punishable under Section 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that records of the proceedings itself demonstrates that the girl was major. He further submits that the Court below has noticed in the impugned order that the date of birth entered in the certificate of the school concerned is 5.2.1991 and which makes the girl about 19 years. He further submits that the girl herself admits to be 18 years of age. He further submits that during the course of supervision it appears that a love affair between the petitioner and the victim girl has come to light. It is further stated that the medical officer has reported absence of recent sexual intercourse and that even the girl had 2 admitted that there was no physical relationship. He thus submits that no case under Section 366A is made out against the petitioner. Having regard to the circumstances aforesaid, let the petitioner namely, Kanhaisahani be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Dariyapur P.S. case No. 25 of 2010. Bibhash ( Jyoti Saran, J.)