IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37202 of 2009 MD.KHURSHID, son of Sri Ainul Haque, resident of village Babhangawa, P.S. Riga, district Sitamarhi .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 03.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 366/34 of the Indian Penal Code. 3. Taking into consideration the fact that the girl does not allege any sexual assault upon her and she was found to be 15 to 16 years of age by the doctor and from her statement under Section 164 of the Criminal Procedure Code it appears that it is more a case of consent, let the petitioner, above named, who is in custody since 16.03.2009, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Dhangai P.S. Case No. 15 of 2009 to the satisfaction of the Sub Divisional Judicial Magistrate, Arrah, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and (ii) 2 that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)