IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22215 of 2009 1. BISHWANATH PASWAN, SON OF LATE BASUDEO PASWAN, RESIDENT OF VILLAGE – RAJOURADIH, P.S. RAIYAM, DISTT. DARBHANGA. 2. PRAKASH PASWAN @ RAM PRAKASH PASWAN, SON OF RAJENDRA PASWAN, RESIDENT OF VILLAGE- RAJAURADIH, P.S. – RAIYAM, DISTT. DARBHANGA -------- PETITIONERS. Versus STATE OF BIHAR ----------- 3. 19/11/2009 Heard learned counsel for the petitioners, learned counsel for the informant and learned Counsel for the State. The case is under Section 366A and 376/34 of the Indian Penal Code. By order dated 14.7.2009, learned District and Sessions Judge, Darbhanga, was directed to record the statement of the victim girl in Camera and get her medically examined by Medical Board and submit a report. Report has been received in a sealed cover envelope which was opened in Court. The report of the Medical Board shows that the age of the victim girl has been assessed as 19-20 years. The statement of the victim girl recorded in Camera by learned District & Sessions Judge, shows, that she on her own volition has married to Raju Paswan in a temple and she is determined to live with her husband and lead a married life. From her statement, there is no indication that any threat or coercion was exercised by the accused persons on her nor she was sexually abused by any other accused persons except that after marriage, she established physical 2 relationship with her husband. Learned counsel for the Informant has filed a counter affidavit enclosing some documents to show that the petitioners are involved in other cases also from before. In view of the said report and the statement of the victim girl, the application for bail of the petitioners is allowed. Let petitioners above named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga, in connection with Raiyam P.S. Case No. 7 of 2009 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. S.Ali (J.N. Singh, J.)