IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5190 of 2008 SHYAM YADAV Versus STATE OF BIHAR ********** 3 08.05.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner is an accused in a case under Sections 366A/34 of the Indian Penal Code. Mr. Tarakant Jha, learned Senior Counsel appearing for the petitioner submits that from a bare perusal of the statement of the victim girt recorded under Section 164 of the Code of Criminal Procedure, it would be evident that not only the victim girl was fully knowing the petitioner but had also accepted the lift given to her on motorcycle. He submits that the very fact that such intimate relationship between them were already existing long before the date of occurrence and that the girl was recovered next day whereinafter she has made no allegation against the petitioner save and except that he had forcibly taken her away and did not allow her to return back in night, at best would constitute an offence under Section 366A of the Indian Penal Code if the petitioner was a minor but now when the medical report suggests that she is aged about 18 years, the entire allegation of kidnapping under Section 366A of the Indian Penal Code gets watered down and may at best constitute an offence under Section 363 of the Indian Penal Code which is 2 bailable in nature. On the other hand, the A.P.P. with reference to the materials in the case diary has contended that it is true that the age of the victim has been assessed in between 17-19 yeas but at least this much is clear that the petitioner had taken her to his house on the alleged date of kidnapping even when the victim girl was not desirous to accompany him. The overall picture that emerges in this case, is clear that the victim girl and the petitioner were knowing each other and it may thus be immoral on the part of the petitioner to take her away, but nonetheless after it has been found that she is aged about 18 years and not a minor, this Court keeping in view the statement made by the victim girl under Section 164 of the Code of Criminal Procedure that she was not subjected to any physical torture by the petitioner is inclined to grant bail to him. Accordingly, the petitioner is directed to be released on bail in Kankarbagh Police Station Case No. 324 of 2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna with a condition that one of the sureties must be either the father or the mother of the petitioner. Anand (Mihir Kumar Jha, J.) 3