IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44556 of 2010 1. SUNIL KUMAR 2. NAVNIL KUMAR S/O BOTH SON OF SRI TARA MISTRI, RESIDENT OF SIRKABAD, P.S.-ARSHA, DISTRICT-PURLIYA (WEST BENGAL) Versus THE STATE OF BIHAR ......... 2. 24.01.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek their bail in connection with Gurua P.S. Case No. 71 of 2009 registered under section 366(A)/34 of the Indian Penal Code. Admittedly, the statement of the victim was recorded under Section 164 of the Cr. P.C. and in the said statement she stated that she had voluntarily eloped with petitioner no. 1 and subsequently, she solemnized her marriage with petitioner no. 1. At the time of her statement learned Magistrate found her aged about 22 years. The impugned order of learned 6th Additional Sessions Judge, Gaya reveals that the victim was medically examined and doctor found her age between 18 to 19 years, but it appears to me the learned Additional Sessions Judge, Gaya has rejected the prayer for bail of the petitioner only on the ground that the school certificate of the victim girl contains her date of birth as 12.2.1994. Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioners, namely, Sunil Kumar and Navnil Kumar, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sherghati in connection with Gurua P.S. case No. 71 of 2009. Amit (Hemant Kumar Srivastava,J) - 2 - Amit