IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19178 of 2010 PAPPU KUMAR Versus STATE OF BIHAR ----------- 03/ 21.06.2010 Heard learned counsels appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Chowk P.S. Case No. 38 of 2010 for offences punishable under Sections 360, 366A and 120B of the Indian Penal Code. The present case has arisen by reason of a Complaint Case instituted by the father of the victim girl giving rise to Complaint Case No. 112 of 2010 which was subsequently transformed in a police case under the provisions of Section 156(3) of the Code of Criminal Procedure. The petitioner has been charged with abduction of the daughter of the Complainant. Learned counsel for the petitioner, with reference to the statement of complaint placed at Annexure-1, submits that although the Complainant himself submits that his daughter was missing since 26.12.2009 but the complaint has been instituted two months thereafter on 20.02.2010. He further submits that the Complaint Case is a retaliation to an earlier Complaint Case filed by the father of the present petitioner against the Complainant giving rise to Complaint Case No. 93 of 2010 charging the Complainant of abducting the petitioner for the purpose of marriage. Learned counsel, with reference to 2 the school leaving certificate of the victim girl placed at Annexure-4, submits that the date of birth of the victim girl is 11.02.1992 and thus she is a major. He submits that the petitioner and the daughter of the Complainant, namely Manita Kumari have got married and they were peacefully living together. He further submits that the factum of marriage can be gathered from Annexure-5 series of the application as also the medical report placed at Annexure-6. Learned counsel, with reference to the affidavit sworn by the victim girl, submits that in view of the submissions made by the girl herself no case is made out against the present petitioner. Having regard to the circumstances aforesaid, let the petitioner Pappu Kumar be released on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Chowk P.S. Case No. 38 of 2010. S.Sb/- (Jyoti Saran, J.)