IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42536 of 2010 AJAY MANJHI, S/O PARESHU MANJHI, RESIDENT OF VILLAGE KALANAUR, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. Versus THE STATE OF BIHAR ----------- 2. 14.1.2011. Heard Shri Paras Nath, learned counsel for the petitioner and Shri Pramod Kumar Pandey, learned Additional Public Prosecutor. The petitioner, who is in custody in Makhdumpur (Tehta) P.S. Case No.189 of 2010 for the offence under Sections 363, 366(A) of the Indian Penal Code, has prayed for grant of bail. In the present case, informant alleged that petitioner along with his father and mother was instrumental in abducting the daughter of the informant, who was aged about 15 years. Learned counsel for the petitioner submits that during the course of investigation, the victim girl was produced by Investigating Officer before the learned Magistrate for the purposes of recording her statement under Section 164 of the Code of Criminal Procedure. However, the learned Magistrate, in absence of statement of victim under Section 161 of the Code of 2 Criminal Procedure, did not record her statement under Section 164 of the Code of Criminal Procedure. However, before the learned Magistrate, the victim girl disclosed that she had voluntarily gone along with the petitioner and she was never kidnapped or abducted by any one. Learned counsel for the petitioner has placed Annexure-2 to the petition, which is photo copy of certified copy of the order dated 5.8.2010. This fact was also placed at the time of placing bail petition before the court below. Learned counsel for the petitioner further submits that the victim girl was medically examined and her age was found between 18 and 19 years. In view of the disclosure made by the victim girl before the learned Magistrate as well as keeping in view the age of the victim girl, the court is of the opinion that it is a fit case for extending the privilege of bail to the petitioner. Let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction 3 N.H./ of Chief Judicial Magistrate, Jehanabad in Makhdumpur (Tehta) P.S. Case No.189 of 2010. ( Rakesh Kumar,J.)