IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8582 of 2009 RAJU CHOURASIYA @ RAJU KUMAR CHOURASIYA Versus STATE OF BIHAR ----------- For the petitioner : Mr. Anupa Nand Jha, Advocate For the State : Mr. Abhimanyu Sharma, A.P.P. ------- 3 01.05.2009 Petitioner RAJU CHOURASIYA @ RAJU KUMAR CHOURASIYA, one of the FIR named accused of Nathnagar P.S. Case No. 190 of 2008 registered under section 366A/34 IPC, is in custody in connection therewith since 3.9.2008. The allegation against the petitioner is of his in collusion with the other FIR named accused having kidnapped Puja Kumari for purposes of marriage. Referring to the statement of the victim recorded under section 164 Cr.P.C. it was sought to be submitted on behalf of the petitioner that she admittedly being a major had out of her own volition and free will left with the petitioner and had solemnized marriage with him as she was in love with him and expressed her desire to remain with the petitioner. The petitioner further submitted that the fact of the victim being the major cannot be disputed in view of the school leaving certificate issued by the Incharge Headmaster of Middle School, Manoharpur showing her date of birth as 5.3.1990 and the date of occurrence being 11.8.2008. It is apparent from the statement under section 164 Cr.P.C. of the victim girl that she had stated her age as 18 years and had been assessed as 17 years by the Court whereas according to the - 2 - school leaving certificate she had crossed the age of 18 years. As such it can reasonably be said that she had attained majority and was in a position to exercise her free will and volition whereunder she opted to go with the petitioner to solemnize her marriage with him and chose to live with him. In the circumstances petitioner RAJU CHOURASIYA @ RAJU KUMAR CHOURASIYA is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Presiding Judge, Fast Track Court No. II, Bhagalpur, in connection with Sessions Trial No. 1298 of 2008 arising out of Nathnagar P.S. Case No. 190 of 2008. Spd/- (Abhijit Sinha, J.)