IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 12966 of 2008 GULSAN SAH @ GULSAN KUMAR SAH Versus STATE OF BIHAR ----------- 2 13.05.2008 The petitioner is in custody since 22.11.2007 in Forbesganj Police Station Case No 517 of 2007 instituted under Sections 366, 366A/34 of Indian Penal Code. As per the first information report, which was lodged on 21.11.2007, it is alleged that Ruchika Thakur being the daughter of the informant who was 17 years old and, as such, a minor was enticed away for the purposes of marriage. On 21st of November 2007, petitioner was arrested. It is submitted that the girl is not a minor and her matriculation certificate issued by the Bihar School Examination Board is annexed showing her date of birth to be 26.03.1988 which would make her above 19 years on the date of occurrence. Whether a person is a minor or a major is now to be decided in terms of the Juvenile Justice Act and the Central Rules and Bihar Rules framed thereunder wherein it is held that if matriculation certificate is produced, that would be conclusive proof of the age. That being so, the girl in question cannot be said to be minor. It is further submitted that the girl being minor had gone off with one Pradeep Sah and married the said boy. She has since appeared before the Superintendent of Police and accepted the marriage and also gave a statement in terms of Section 164 of Criminal Procedure Code which negates the whole prosecution case. 2 In the facts and circumstances of the case, the petitioner Gulsan Sah @ Gulsan Kumar Sah is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Forbesganj Police Station Case No 517 of 2007. M.E.H./ ( Navaniti Prasad Singh )