IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2270 of 2009 MD.JILANI ANSARI, SON OF MD. WALI AZAM ANSARI, R/V BHATAULIA, P.S. BELSAND, DISTRICT SITAMARHI-------PETITIONER. Versus THE STATE OF BIHAR---------------OPPOSITE PARTY. ----------- 02. 16.03.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 366A, 372/34 of the Penal Code and is named in the First Information Report as the one with whom the niece of the informant eloped. It is submitted on his behalf that the niece of the informant was examined under Section 164 Cr.P.C on 22.9.2008 and she categorically stated before the Magistrate that she married the petitioner out of her own free-will. Her age has been assessed by the Medical Board under report dated 30.10.2008 as in between 17-19 years. Later the niece of the informant filed a petition on 15.11.2008 asserting that her 164 Cr.P.C. statement recorded on 22.9.2008 was not out of her free-will. It is also submitted on behalf of the petitioner that the offence under Section 372 is not made out in view of 164 Cr.P.C. statement of the victim girl that she got married to the petitioner. Let the petitioner, Md. Jilani Ansari surrender in the court below on or before 16.4.2009 and apply for regular bail, which should be considered in the light of statement of the victim girl under Section 164 Cr.P.C. as also the subsequent petition filed on 15.11.2008 and the court below should apply its judicial mind to the statement under Section 164 Cr.P.C. as also to the said petition and pass appropriate - 2 - orders in accordance with law. The bail application filed by the petitioner be considered by the court below preferably on the same date. Let a copy of this order be communicated to the court below(Chief Judicial Magistrate,Sitamarhi in connection with Belsand P.S.Case No. 64 of 2008) through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J.)