IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21358 of 2011 1. Reyaz Ahamad. 2. Ozair Ahmad. 3. Sazzad Ahmad. All Sons of late Nazir Ahamad, resident of village-Mir Tola Lakshanauta, P.S.-Sathi, District-West Champaran. …………….Petitioners. Versus The State of Bihar ……….Opposite Party. ----------- 2/- 06.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners, who are three in number and are brothers apprehend their arrest in connection with Sathi P.S. Case No. 19 of 2011 registered for the offence under sections 366A & 34 of the Indian Penal Code, have prayed for grant of bail. Learned counsel for the petitioner submits that the alleged date of occurrence is 25.2.2011, whereas the F.I.R. has been registered on 1.3.2011. He further submits that the victim in question was examined under section 164 of the Cr. P.C. She states her age about 18 years in her statement recorded under Section 164 of the Cr.P.C. She claims to have gone with co-accused, namely Md. Raja out of her own sweet will. The doctor on examination assessed age of the victim to be between 17-19 years. The further contention is that there is no allegation of sexual assault. 2 Learned counsel for the State opposes the prayer for grant of bail on the ground mentioned in the F.I.R. and impugned order. Taking into consideration the aforesaid submissions on behalf of the parties and also on perusing the statement of the girl recorded under Section 164 of Cr. P.C. as also the medical report of the doctor, who has examined the victim, let the petitioners, namely Reyaz Ahamad, Ozair Ahmad & Sazzad Ahmad in the event of their arrest at the hands of police or surrender before the Court below, be released on bail in connection with Sathi P.S. Case No. 19 of 2011 on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah (West Champaran). Sanjeet/- (Ashwani Kumar Singh, J.)