IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41489 of 2010 MD.MUSHABBIR @ MD.MUSHABBIR ALAM, son of Hasiburrahman Versus STATE OF BIHAR ----------- 2/- 21.12.2010 1. Heard learned counsel for the petitioner as well as learned counsel for the State. 2. Petitioner is an accused for offences punishable under section 366 (A) of the Indian Penal Code. 4. The doctors have assessed the age of victim to be 18 to 19 years but in the First Information Report age of victim girl is said to be 15 years only. Furthermore, in her statement recorded under Section 164 Cr. P.C. she has not alleged anything against the petitioner and had only stated that when she was at Delhi with her sister a person named Samir said to be the changed name of the petitioner used to come to her place and brought her to his house at Belgachhi. 5. Learned counsel for the petitioner submits that from the said statement it is apparent that there was consent of the alleged victim but in spite of that petitioner is in custody since 20.08.2010. 2 6. Considering the facts and circumstances aforementioned, petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge (F.T.C-1) Purnea (Sessions Trial No. 1160/2010) in connection with Amour P. S. Case No.111 of 2010. Ashwini/ (S. N. Hussain, J.)