IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40290 of 2009 Guddu Khan @ Motiullah Khan, Son of Karmullah Khan, Resident of Village- Sighasani, P.S. Ramgarhwa, District- East Champaran. ……………………………….Petitioner. Versus 1. The State of Bihar. 2. Rubina Khatoon, D/o Late Safiullah Khan, Resident of Village –Singhasani, P.S. Ramgarhwa, District-East Champaran, at present resident of Village- Singhasani, Tola, Vinwalia, P.S. Ramgarhwa, District-East Champaran. ……Opposite Parties. ----------- 2. 14. 12. 2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Trial No. 545 of 2009 arising out of Complaint Case No. 103/2009 for offence registered under Section 498 A of the Indian Penal Code. A supplementary affidavit has been filed on behalf of the petitioner. It is submitted that present complaint has been filed for ulterior purposes. It is further submitted that petitioner being alleged husband of the complainant is innocent and has committed no offence as petitioner is a minor aged about 13 years as his date of birth is 16. 06. 1993 vide Annexure 2 whereas complainant is aged about 25 years and mother of one child. The petitioner was kidnapped to marry with the complainant but the marriage was not performed but complainant prepared a forged document which does not bear the signature of the petitioner and, therefore, his father has lodged a complaint case Vide Complaint Case No. 981C/08. 2 Considering the facts and circumstances of the case, the petitioner, namely, Guddu Khan @ Motiullah Khan, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of then like amount each to the satisfaction of Sri Avinash Kumar, Judicial Magistrate Ist Class, Raxaul at Motihari, in connection with Tr. No. 545 of 2009 arising out of Complaint Case No. 103/2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Shailesh Kumar Sinha,J. )