IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41765 of 2008 RAKESH KUMAR Versus STATE OF BIHAR ----------- 4. 01.12.2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant, who has appeared suo motu. The petitioner apprehends arrest in a Police case under Sections 366A, 364A, 363 of the Penal Code. Learned counsel submits that the daughter of the informant is approximately 18 years of age. She was in love with the petitioner and both of them eloped for marriage. In her Section 164 Cr.P.C. statement, the victim girl has confirmed the voluntary act on her part and the marriage to the petitioner including a registered marriage much to the chagrin of her family members, who then instituted the present case. Learned counsel for the informant, i.e., the mother, alleges forcible abduction but is unable to point out any such allegation in the F.I.R. The stress is on the minority of the girl. In Cr.W.J.C. 695 of 2008 filed by the present informant the Division Bench noticed the age of victim to be 17-18 years when it declined to hand over custody to the parents leaving her to decide her own future in the next 4 to 5 months. Learned counsel for the informant fairly acknowledges that the victim girl is decently educated, when counsel for the informant placed certificates of Bihar School Examination Board in support of 2 her minority. The Supreme Court as far back as in A.I.R. 1965 SC 942 considering an allegation somewhat similar under Section 361 of the Penal Code with regard to the victim, who was a 2nd year B.Sc. student, a minor, held at relevant extract of paragraph 9 as follows: “………. We would limit ourselves to a case like the present where the minor alleged to have been taken by the accused persons left her father’s protection knowing and having capacity to know the full import of what she was doing joins the accused person……” What was observed by the Apex Court in the social conditions of 1965, to this Court, applies with equal if not greater force considering the change in social values, mores, and the advancement of education giving better awareness to a 17-18 years today for exercise of discretion as compared to a 17-18 year old of 1965 as also the earlier maturity both physically and mentally now being attained. In the entirety of the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he 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., Katihar in Katihar P.S. case No. 176 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. AKS/ (Navin Sinha, J.)