IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36369 of 2009 SHAHZAD ALAM, S/o Abdul Hafiz, R/o Mohalla – Imadpur, P.O. & P.S. Bihar Sharif, Distt. Nalanda ……….… Petitioner Versus THE STATE OF BIHAR ……………….…. Opposite Party. ----------- For the petitioner:- Mr. Anjani Kumar, Advocate. For the State:- Mr. S.R. Haque, A.P.P. ----------- 3. 27.10.2009. Heard learned counsel fore the petitioner and learned A.P.P. appearing for the State. Petitioner is an accused in a case registered under Sections 366 A/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner is of kidnapping a minor girl for marriage with his son. It is contended that the petitioner has been made accused as he was also allegedly an accomplice to the occurrence. It is also submitted on behalf of the petitioner that the statement of the victim girl has been recorded under Section 164 Cr.P.C. wherein she has clearly stated that she was not kidnapped, rather she had gone out of her own sweet-will as she was being forcibly married by her parents with an aged person. It is further submitted that the medical report shows the age of the victim girl in between 17 – 18 years whereas the girl 2 herself has stated before the concerned Magistrate that her age is about 20 years. However, the court has assessed her age to be about 16 years. Petitioner is stated to be in jail custody since 09.07.2009. It has been further stated that two other accused persons, namely, Md. Asraf and Md. Gulrej have already been granted bail by this Court vide order dated 04.09.2009 passed in Cr. Misc. No. 30501/2009. In the facts and circumstances of the case, let the petitioner, namely, Shahzad Alam be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Sudhir Kumar Sinha, Judicial Magistrate 1st Class, Bihar Sharif, Nalanda in connection with Bihar P.S. Case No. 186 of 2009. dk ( Dr. Ravi Ranjan, J. )