IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28948 of 2011 Murad Khan @ Arman Versus The State Of Bihar ---------------------------------- 2 14-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 26.07.2011 in a case registered under sections-366A/34 of the Indian Penal Code. Admittedly, the victim has been recovered in course of investigation and her statement under Section- 164 of the Cr.P.C. was recorded. In her statement recorded under Section-164 of the Cr.P.C. the victim has specifically stated that she has voluntarily solemnized her marriage with the petitioner. It appears to me that the learned court below has rejected the prayer for bail of the petitioner on the ground that her date of birth has been shown as 10.01.1997 in her School Leaving Certificate. No doubt, it is true that date of birth of the victim has been shown as 10.01.1997 in her School Leaving Certificate but she has been found major by Medical Board and the Magistrate who recorded the statement of victim under Section-164 of the Cr.P.C. has assessed her age as 16 years. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Murad Khan @ Arman be released 2 on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sasaram (M) P.S. Case No. 341 of 2011 to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram. AKV/- ( Hemant Kumar Srivastava,J.)