IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10766 of 2011 Hafiz Md. Nesar Ahmad @ Hafiz Md. Nesar @ Md. Nesar Ahmad Versus The State Of Bihar ----------- 3 27.06.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Madhepur P.S. Case No. 167/10 registered under Sections 363A and 366/34 of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani. The accusation is of abducting the informant's daughter on 16.10.2010 for which the F.I.R. was lodged on 31.10.2010. The 164 Cr.P.C. statement reflects that on promise of marriage the physical relationship was established. The F.I.R. also reflects that on refusal of the marriage, the F.I.R. was lodged. The medical report dated 01.11.2010 reflects no evidence of rape and the age of the victim was assessed as 18 to 19 years. It is submitted by the learned counsel for the 2 petitioner that both sides have married at different places and both are leading happy life. Moreover, the petitioner was on election duty on the alleged date of occurrence. The lodging of the F.I.R. and the negation of accusation by the medical report constitute good ground for grant of regular bail. Let the learned court below consider the regular bail of the petitioner in view of the observation as made above and try to dispose of the same on the same day since the petitioner is a Government Servant, if the petitioner surrenders within a period of four weeks. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)