IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34274 of 2009 MUKESH KUMAR SAH, S/o Ram Pravesh Sah, R/o Village – Bakarpur, P.S. Mohinuddin Nagar, District – Samastipur ………….….. Petitioner Versus THE STATE OF BIHAR …………………………….. Opposite Party. ----------- For the Petitioner:- Mr. Subhash Chandra Mishra, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 12.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused for the offence punishable under Section 366(A) of the Indian Penal Code. It is submitted on behalf of the petitioner that it is manifest from the first information report itself that there was a love affair between the petitioner and the concerned girl. It is stated that the girl had eloped at her own along with the petitioner, which is apparent from the statement of the concerned girl recorded under Section 164 Cr.P.C., a copy of which has been appended to this application as Annexure-2. It is also submitted that the Medical Board was constituted, which has given a report that there was no injury or any mark of violence or rape on the person of the victim girl. The Medical Board has also assessed the age of the victim girl to be between 18 2 ½ to 19 years. The victim girl has also not stated in her statements recorded under Section 164 Cr.P.C. that she had been subjected to any physical assault. Learned counsel for the State submitted that the allegation against the petitioner is of kidnapping the girl for the purpose of marriage. Having regard to the facts and circumstances of the case, I direct the petitioner, Mukesh Kumar Sah to 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 the Chief Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S.Case No. 68/2009 corresponding to G.R. No. 1411/2009. dk ( Dr. Ravi Ranjan, J. )