IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16794 of 2010 MD.MUSTAQUEEM, SON OF MD. KAFIIUDDIN, RESIDENT OF VILLAGE JALMILIK, P.S. THAKURGANJ, DISTRICT- KISHANGANJ. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 4 02.08.2010 Heard Sri Firoz Ahmad, learned counsel for the petitioner, Sri B.P. Singh, learned Additional Public Prosecutor for the State as also learned counsel for the informant. Petitioner is one of the named accused in this case carries allegation of kidnapping minor daughter of the informant who, on return, in her statement under Section 164 of the Code of Criminal Procedure, stated nothing against the petitioner with whom, as stated, she had sweet relationship and voluntarily left the house on calling him on telephone and also performed Nikaah against the wishes of her father who had been forcing her to marry with a person not of her choice. On medical examination her age is shown about eighteen years. In the certificate issued by Bihar State Madarsa Education Board, Patna, her date of birth appears 13.3.1993. No doubt, after recording of her statement under Section 164 of the Code of Criminal Procedure she was handed over to 2 her parents, thereafter, some petitions have been filed stating that her statement under Section 164 of the Code of Criminal Procedure was not at her free will. On behalf of the prosecution it is stated that she was born in the year 1995. Considering the materials available and the age of the victim girl, who has crossed puberty, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his furnishing bonds of Rs.10, 000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in Thakurganj P.S. Case no. 157 of 2009 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on each and every date before the court below at least for two years or till disposal of the case whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad 3