IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35507 of 2010 MD.JABDOOL Versus STATE OF BIHAR ----------- 02 15.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner, Md. Jabdool apprehends his arrest in connection with Katihar Muffasil P.S. Case No. 120 of 2009 registered under Sections 366/120 B of the I.P.C. Admittedly, the victim girl has returned to her home safely and her statement under Section 164 of the Cr.P.C. was recorded. In her statement recorded under Section 164 of the Cr.P.C, she stated that she was given meal and having eaten the aforesaid meal, she became unconscious. She further stated that she was taken to Delhi where she lived with the petitioner till 22.03.2010 and after that she any how eluded from clutches of the petitioner and reached Katihar from where for the first time she informed her parents. The aforesaid circumstance creates some genuine doubt about the statement of the victim girl and it appears that she was a consenting party. Moreover, when her statement was recorded, she was found aged about 17 years. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties petitioner, namely, Md. Jabdool, in the event of his arrest/surrender within thirty days from the date of communication of this order to the concerned court in connection with Katihar Muffasil P.S. Case No. 2 120 of 2009, shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M, Katihar subject to condition as laid down under Section 438(2) of the Cr.P.C Shahzad (Hemant Kumar Srivastava, J)