IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27181 of 2008 RAM CHANDRA YADAV & ANR Versus STATE OF BIHAR ----------- 2/ 11.8.2008 Heard learned counsel for the petitioners, learned counsel for the State as also learned counsel appearing for the complainant/informant. A complaint case was filed on 11.1.2008 with regard to an occurrence of 7.1.2008 by Meena Devi mentioning therein that her minor daughter Heera Kumari aged 13 years was kidnapped by these petitioners and others. The victim has been examined under Section 164 of the Code of Criminal Procedure on 18.6.2008 in which she has stated that she was taken away by Ram Babu Yadav, these two petitioners namely, Ramchandra Yadav, Raj Kumari Devi and others but in her statement she has further stated that she was taken to Gowaliar and there she was raped by Rama Kant Yadav and Ram Babu Yadav. The medical report has been annexed as annexure- 4 to this application, according to which her age has been assessed between seventeen and half to eighteen and half years. Learned counsel for the informant has submitted that the complainant/informant has tried her best to give her fardbeyan but that was not recorded, so there was delay in filing complaint case. It appears that all the dates between date of occurrence and date of filing of complaint were working days of the courts but inspite of that complaint case was filed after four days of the occurrence, the 2 complaint/informant’s daughter has been found major by the doctor and the allegation of rape is against other accused persons. Considering the facts and circumstances of the case, let petitioners namely, Ram Chandra Yadav and Raj Kumari Devi, be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, District Samastipur in Bibhutipur P.S.Case No. 32 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)