IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42939 of 2008 MD. ASHFAQUE Versus STATE OF BIHAR ----------- 3. 13.1.2009 Heard Sri Ajit Lal, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner is the father of the co- accused Idrish. The lady has been reported aged about 18 years by the doctor examining her. The allegation is that she was enticed away by the accused persons named in the FIR. The initial prosecution story was that it was this petitioner who had taken away the lady and his father Idrish had assured that he will bring back the girl to the informant. Now the victim appeared and she made a statement and she alleged that the father of this petitioner had taken her away and committed rape upon her. The part of the story about the absence of the father of the petitioner is admitted in the FIR itself that he was no longer and nowhere accompanying the victim. The contention is that in fact the lady having attained the age of description and had herself fled away with the present petitioner and on account of circumstances which could have - 2 - been created by her family members. She was made to make statements which could be making things difficult for the petitioner and his father. Regard being had to the above facts and circumstances and vital departure made on some of the important facts of the prosecution case, I direct the above named petitioner to be released on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Mirganj P.S.case No.126 of 2008. B.Kr. ( Dharnidhar Jha, J. )