IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20966 of 2009 RAUSHAN KUMAR PATEL Versus STATE OF BIHAR ----------- 02 01.07.2009 Heard both sides. The sole petitioner seeks regular bail in a case instituted under Sections 366A of the Penal code. As per allegation in the F.I.R., the minor girl of the informant was forcibly kidnapped by the petitioner. He is, therefore, named in the F.I.R. It is contended that the F.I.R. was lodged after about 9 days of the occurrence. The girl was produced before the Magistrate on 10.02.2009 for recording her statement under Section 164 of the Cr. P.C. In her statement, she has categorically asserted that she forced the petitioner to accompany her and marry thereafter. She has also stated that both of them have, in fact, married on 18.12.2008. The learned Magistrate has assessed her age ‘about above 16 years’. After recording the statement the Magistrate has noted as under: “ It is certified that she is of matured understanding and she has claimed her actual date of birth as 28th February 1990. She reads in I.Sc. IInd year sent up candidate for intermediate board.” Learned counsel for the petitioner referring to annexure-3 submits that the girl was subjected to medical tests in order to ascertain her age. The Board assessed her age between 2 17 to 19 years. On these facts, it has been contended that the petitioner, who is languishing in jail since 09.02.2009 deserves bail. In the facts and circumstances of the case, petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S.Case no. 18/2009. Sym/ (Kishore K. Mandal, J.)