IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35622 of 2011 1. Laxman Mahato @ Lachhuman Mahato, S/o Late Ram Briksha Mahato. 2. Sita Devi @ Bindu Devi, W/o Laxman Mahato. 3. Umesh Mahato, S/o Laxman Mahato. 4. Ramesh @ Rakesh Mahato @ Ramesh Mahato, S/o Laxman Mahato. All resident of village-Bharawa Tola, P.S.-Manuapul, District-West Champaran. ……….Petitioners. Versus The State of Bihar ………Opp. Party. ----------- 2 21.10.2011 Heard learned counsel for the petitioners and learned counsel appearing for the State. It is submitted that the alleged victim is major. Her date of birth is 29.3.1989 as per matriculation certificate issued by the Bihar School Examination Board, which is annexed as Annexure-2 to the petition. It is further submitted that she out of her own free will married Ramesh Mahato @ Rakesh Mahato on 23.5.2011 at Sri Someshwar Nath Mahadeo Mandir, Areraj. She also filed a petition in the court of the learned Chief Judicial Magistrate, West Champaran, Bettiah, stating therein that she is a major and out of her own free will she married petitioner no. 4 Ramesh @ Rakesh Mahato @ Ramesh Mahato is living happily with him. She was neither kidnapped nor enticed away by anyone. Since it was an inter-caste marriage, her parents were opposed to it. She had prayed to the court that her petition be sent to the police for sponsoring her statement to be recorded under Section 164 Cr. P.C. It is also submitted that they have got their marriage registered before the Special Marriage Officer, Areraj under the 2 provisions of Special Marriage Act, on 25.8.2011 and a copy of the certificate has been annexed as Annexure-5 to this petition. Considering the facts and circumstances of the case, let the petitioners, namely, (i) Laxman Mahato @ Lachhuman Mahato, (ii) Sita Devi @ Bindu Devi, (iii) Umesh Mahato and (iv) Ramesh @ Rakesh Mahato @ Ramesh Mahato in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauria P.S. Case No. 82 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)