IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37533 of 2009 BHUSHAN RAJAK son of Lal Mohan Rajak, residentof village Parasiya, Kala Posdt Office Samari, Police Station Dawath, District Rohtas(Sasaram)… Petitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. Ahtasham Ali Khan, Advocate For the State: Mr. Nand Kishore Pd., APP ----------- 4 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under section 376/34 of the Indian Penal Code. As per the allegation set up in the first information report, the petitioner allured the victim girl for the purposes of marriage and took her with him and married her in a temple. Thereafter the girl came back and lodged the first information report. It is submitted on behalf of the petitioner that it would be manifest from the first information report as well as the statement recorded under section 164 of the Code of Criminal Procedure (hereinafter to be referred to as “the Code”) that the girl had willingly gone with the petitioner and marriage had taken place between them in a temple and thereafter they led a married life. However, subsequently, the girl returned 2 back and lodged the first information report. Learned further submits that from the report of the Medical board, which has been brought on record by the State, it would be manifest that in the opinion of the Medical Board, the girl was aged about 18 years. It is also submitted that though the girl had lived with the petitioner for about one month, but no complaint or Sanha or first information report, whatsoever, could be lodged by the family members including the father of the victim girl, which goes to show that the girl had willingly gone with the petitioner and married him and the fact was to the knowledge of her family members. Subsequently, after some time difference arose between them and a story of rape has been set up. It is also urged that the factum of rape could not be ascertained, however, it is a fact that the petitioner and the victim girl were leading a married life, as it is an admitted fact that the marriage in between them had been performed. Though the girl has stated her age as about 15 years, but in the opinion of the Medical Board, she was aged about 18 years. Lastly, it is submitted that it is very surprising that after lodging of the first information report why such occasion had arisen that the girl’s statement was recorded under section 164 of the Code. The petitioner is stated to be in custody since 24.05.2009. 3 Learned counsel for the State submitted that the first information report had been lodged by the victim girl herself and her statement has been recorded under section 164 of the Code, wherein she has stated that the petitioner and her mother had allured the victim girl and the petitioner enticed her away and taken her to a different place and marriage was also performed. The girl has stated her age about 15 years, however, in the opinion of the Medical Board, which was constituted for the medical examination of the victim girl, she was aged about 18 years. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, BHUSHAN RAJAK, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, District Rohtas, Sasaram in Dawath Police Station Case No. 31 of 2009 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. SC ( Dr. Ravi Ranjan, J.)