IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5501 of 2011 Javed Khan, son of late Asagar Khan, resident of Takiya Mohalla, Dumraon, Ward No 13, P O and P S – Dumraon, District – Buxar - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 17.03.2011 Petitioner is in custody in relation to Dumraon Police Station Case No 149 of 2010 instituted under Sections 366A, 376/34 of Indian Penal Code. The case is instituted on 01.07.2010 by the father of the victim girl, inter alia, alleging that, on 26.06.2010, his daughter, aged about 15 years, went to the market to buy vegetable but did not return. A Sanha was given in the Police Station on 29.06.2010. On 01.07.2010, while he was on the terrace of his house, he saw four boys, namely, Shahid Khan @ Chhotu, Shamshad Khan, Jawed Khan and Sajid Khan, all brothers came and left the daughter and ran away. Thereafter, on the next day, the statement of the girl is recorded under Section 164 of Criminal Procedure Code in which she names the four persons and states that Sajid Khan, amongst four, sexually abused her. Petitioner states that entire episode is unbelievable. Firstly, they are all four brothers, two of whom have already been released on bail by the lower Court on the finding that they were minors. It is then submitted that upon medical examination, it is clearly found that there was absolutely no bodily injury and the lady was used to habitual sex. Her age has been assessed as between 15 to 16 years. Considering the aforesaid, the petitioner abovenamed is 2 directed to be released 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 Chief Judicial Magistrate, Buxar in Dumraon Police Station Case No 149 2010. M.E.H./ (Navaniti Prasad Singh)