IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31266 of 2008 RANDHIR RAI Versus STATE OF BIHAR ----------- For the petitioner: Mr. B.K. Shukla, Advocate For the State: Mr. Dwivedy Surendra A.P.P. 2 5.8.2008 Heard learned counsel for the petitioner and the State. Petitioner has been made an accused in a case instituted under sections 363,366(A) of the Indian Penal Code. As per the first information report, allegation against the petitioner is that he has kidnapped a minor girl for the purpose of marriage. Learned counsel for the petitioner contends that after recovery of the girl, statement of the victim girl was recorded under section 164 Cr.P.C. which is available for the ready reference as annexure-2, wherein the girl has clearly stated her age as 19 years and also that she has gone with the petitioner without any force applied on her and she has married the petitioner at Hajipur in Pataleshwar Temple and thereafter both of them went to Punjab. Further submission of the petitioner is that even if it is assumed that the petitioner was 16 to 17 years old as per the medical report of the doctor, she was at the verge of majority and capable of giving consent. At paragraph 14 of the petition it has been stated by the learned counsel for the petitioner that petitioner is in jail since 21.12.2007. Learned counsel for the State submits that this is a case of kidnapping of a minor girl. In the facts and circumstances of the case and in view of the submission made by the learned counsel for the petitioner, petitioner - 2 - Randhir Rai is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in Bidupur P.S. case no. 368 of 2007. Rahman/ (Dr. Ravi Ranjan, J)