IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36208 of 2011 Babua Miyan @ Shamim Miyan Versus The State Of Bihar ---------------------------------- 02. 16.11.2011 Heard learned counsels for the petitioner, informant and the State. Petitioner is languishing in custody since 14.08.2011 in a case registered under Sections 366A of the I.P.C. and Section 3(I)(XII) of S.C. & S.T.(Prevention of Atrocities) Act. Initially the complaint was filed for abducting the daughter of the informant. Subsequently the victim girl returned and she gave her 164 Cr.P.C. statement when she admits that initially she went in the company of the petitioner and others but subsequently on the gun point she was taken to Gaya when this petitioner established forceful physical relationship for one and half months and thereafter she was left to the bus stand from where she returned to her home. It is submitted by learned counsel for the petitioner that the medical board assessed the age of the victim between 18 to 19 years when it was subsequently recorded that the opinion about the rape can not be given by the medical board. The return of the victim girl of her own and the medical report somehow clouds the bona fide of the accusation levelled in the 164 Cr.P.C. statement of the victim girl. Considering the aforesaid facts, let the petitioner namely Babua Miyan @ Shamim Miyan, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 149 of 2010. Shageer (Dinesh Kumar Singh, J)