IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21020 of 2011 Md. Shabbir, S/O-Md. Idris Versus The State Of Bihar ----------- 02 20.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 08.02.2011 in a case registered under Sections 366 A, 493, 494, 341, 323, 504 and 506 of the Indian Penal Code. The statement of victim girl has been recorded under Section 164 of the Cr.P.C. in which she has stated that she had solemnized her marriage with the petitioner by her own sweet will and the factum of first marriage of the petitioner had already been disclosed to him by the petitioner before the marriage. Learned counsel for the petitioner drew my attention towards Annexure-3 and submitted that the parties have already settled their disputes with happy note of compromise. It would appear from perusal of the first information report that the victim disclosed her age as 18 years at the time of giving her Ferdbeyan but in spite of that the case was registered under Section 366 A of the Indian Penal Code and furthermore, when her statement under Section 164 of the Cr.P.C. was recorded, the learned Judicial Magistrate assessed the age of the victim girl as 18 years but it appears to me that the victim has been sent to remand home only on the basis that in medical examination her age has been found between 15 to 17 years. 2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-I, Saharsa in connection with Sessions Trial No. 22 of 2011 arising out of Bakhtiyarpur (Balwa Hat O.P.) P.S. Case No. 203 of 2010. Furthermore, the learned trial court shall look into the matter of sending the victim girl in remand home in the light of observation made in this order and if he finds that the victim is major, he shall pass necessary order for releasing the victim from remand home immediately. SHAHZAD ( Hemant Kumar Srivastava, J.)