IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30253 of 2008 1. HAFIZ AKHTAR S/O SAHADAT HUSSAIN 2. FATAMA KHATOON W/O HAFIZ AKHTAR 3. MUSARRAT D/O HAFIZ AKHTAR 4. ATHAR S/O HAFIZ AKHTAR ALL RESIDENTS OF VILLAGE PAINATHI, P.S. KURTHA, DISTRICT-ARWAL 5. ISHARAT W/O BAITULLA, RESIDENT OF VILLAGE-KODAMARI, P.S. KURTHA, DISTRICT –ARWAL – PETITIONERS. Versus STATE OF BIHAR ----------- 2. 15.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioners, who are the family members of one Afzal, apprehend arrest in a Police case under Sections 366A, 34 of the Penal Code. It is submitted that the medical report assessed the age of the victim girl as approximately 16 ½ to 17 years. According to customary Mohammadan law, marriage of a muslim girl can be solemnized after the age of puberty itself i.e. 13 years. In her Section 164 Cr.P.C. statement she confirms having accompanied co-accused Afzal and married with him. Having considered the facts and circumstances of the case, let the petitioners, abovenamed surrender in the court below within a period of six weeks from today, when they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M.,Jehanabad in Kurtha P.S. case No. 52 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. AKS/ (Navin Sinha, J.)