1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23738 of 2008 VINAY RAI @ VINAY KUMAR RAI son of Surendra Rai, R/o village Naya Gawan Paschmi Deshari District Vaishali…Petitioner. Versus STATE OF BIHAR…. Opp.Party. ----------- 5 25.07.2009 Heard. The case is under sections 366(A), 120(B), 504/34 IPC. The informant Krishna Devi alleged in the FIR that the petitioner usually visited her house and that one day getting chance, he enticed away and kidnapped her minor daughter Abhilasha Kumari, aged 14 years for marrying her. She also alleged that after the occurrence, she requested the petitioner and his family members for the return of her daughter and they assured that the girl will be returned, but she did not come back and then she lodged the present case. Learned counsel for the petitioner submits that there was love affairs between informant’s daughter and the petitioner and that she had left her house with the petitioner at her own will. Learned counsel further submits that the girl is major and in this context the medical examination report at Annexure-3 is referred to wherein the age of the girl is reported between 17-19 years. Learned counsel also refers to Annexure-2, the statement of the victim girl recorded by the Magistrate under Section 164 Cr.P.C. In her statement the victim girl has stated her age as 19 years and she further stated that she had voluntarily left her house with the petitioner for marrying him and she married him at Hajipur and, thereafter, she was living with him as his wife. 2 She also stated that she intended to live with the petitioner as his wife. It was also submitted that there was no criminal antecedent against the petitioner. Learned counsel also submitted that the petitioner is in jail custody since 6th February 2008. Mr.S.R.Haque, learned A.P.P. does not point out any criminal antecedent of the petitioner. Mr.Mahendra Thakur, Advocate who appears for the informant also does not point out any other material against the petitioner. Under the circumstances, petitioner Vinay Rai @ Vinay Kumar Rai is admitted to bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desri P.S.Case No.15 of 2008. Jay/ (C. M. Prasad,J)