IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34545 of 2010 Basant Sada, S/o Budhan Sada, R/o Village- Nawada, P.S.-Bahera, District- Darbhanga. ……… Petitioner. Versus STATE OF BIHAR ----------- 2. 12-10-2010 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant. 2. The petitioner is an accused for offence punishable under section 366(A)/34 of the Penal Code. 3. Learned counsel for the petitioner submits that the alleged victim girl appeared in the court and in her statement under section 164 of the Code of Criminal Procedure, she has disclosed her age as 20 years and had stated that she had gone with the petitioner according to her own free will and had married in Jhanjharpur Court and since then she is living with her husband in his ancestral house. She had also stated that she wanted to stay with her parents-in-laws, who had come to the Court along with her. 4. Although, learned counsel for the informant vehemently opposes the contentions of the learned counsel for the petitioner and submits that the age of the victim girl is only 16-17 years as is clear from the medical report, but this contention does not hold good as the court itself has assessed her age as 18 years and the Court where she married had also married them finding her to be major. 5. In the aforesaid facts and circumstances this petition is allowed and the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the 2 like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipur (Darbhanga) in connection with Bahera P.S.Case No. 137 of 2010. 6. It may be noted that the daughter of the informant, alleged victim girl has been duly married with the petitioner in court legally and wishes to live with her husband in her Sasural. In the said circumstances, if the informant or anyone of his relative ever tries to disturb the marital status of the petitioner, it is the duty of the court to take strict action against them. Sujit (S.N.Hussain,J.)