IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18853 of 2009 KRISHNA GIRI, S/o Late Baijnath Giri, R/o Village – Panchkharwa, P.S. Kalyanpur, District – East Champaran …………………………..…… Petitioner Versus THE STATE OF BIHAR ……………….. Opposite Party. ----------- For the Petitioner:- Mr. Yogesh Chandra Verma, Sr. Advocate. For the State:- Mr. Jitendra Kumar Singh, A.P.P. ----------- 2. 26.05.2009. Learned counsel for the petitioner is permitted to make necessary corrections in paragraph 1 of this application. Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner has been made accused in Kalyanpur P.S. Case No. 7 of 2006 registered for the offences under Sections 363 and 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that allegation against the petitioner is that he had helped Amod Giri in facilitating commission of the offence. It is contended that said Amod Giri has already married the victim girl. In support of his contention, learned counsel relies upon Annexure-2 which is stated to be a true / Xerox copy of the marriage certificate concerned. It is also stated that now the girl has been blessed with two children out of the aforesaid wedlock. Further contention is that the girl’s statement was 2 recorded under Section 164 Cr.P.C. where the learned Magistrate concerned has assessed her age to be about 20 years. However, subsequently on examination the Doctor found her to be aged about 16-17 years, but in the order of the learned Sessions Judge, the same is shown to be in between 15-16 years, which is an error of record. In support of this contention, learned counsel for the petitioner placed reliance upon Annexure-5, which is the medical report of the concerned Doctor. In the aforesaid statement recorded under Section 164 Cr.P.C., the girl has stated that she was not kidnapped and has willingly married Amod Giri. She wanted to live with her husband. It is also contended that the petitioner is maternal brother of the main accused Amod Giri and that the petitioner is in jail custody since 24.12.2008. Considering the facts and circumstances of the case, the petitioner, namely, Krishna Giri is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri L.B. Singh, J.M. 1st Class, East Champaran, Motihari in Kalyanpur P.S. Case No. 7 of 2006. dk ( Dr. Ravi Ranjan, J. )