IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35834 of 2009 VISHNU KUMAR son of Shri Shiv Paswan, resident of mohalla Nehru Nagar(Mainpura) (Harijan Tola), P.S. Pataliputra, District Patna… ..Petitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. Uma Shankar Pd., Sr. Advocate Mr. Kamla Kant Tiwary, Advocate For the State: Mr. R.P.S. Singh, A.P.P. ----------- 3 16.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under sections 366(A) and 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that it is manifest from the statement of the victim girl recorded under section 164 of the Code of Criminal Procedure that she had willingly eloped with the petitioner, who was also a boy of tender age, though he may not be a minor or juvenile. However, since the girl was assessed to be aged about 16-17 years, and being a minor, there was no value of her consent, the petitioner is being prosecuted under section 366(A) and 376 of the Indian Penal Code. It is further submitted that the medical report goes to suggest that the girl was at the verge of attaining majority and both the boy(the petitioner) and the victim girl of tender age 2 had fallen in love and eloped for the purpose of marriage. The petitioner is stated to be in jail custody since 02.04.2007. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Vishnu Kumar, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. VI, Patna in Session Trial No. 1746/07 arising out of Pataliputra Police Station Case No. 72 of 2007 with the condition that one of the bailors must be the father of the petitioner. SC ( Dr. Ravi Ranjan, J.)