IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39646 of 2010 PRASHANT THAKUR, s/o Sri Ram Swaroop Thakur, ………Petitioner Versus THE STATE OF BIHAR - 2 3.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is languishing in custody since 20.09.2010 in a case was registered under Section 366A/34 of the Indian Penal Code. It is alleged that one Poonam Devi took the victim girl on pretext that petitioner has called her for necessary work. Petitioner used to teach the victim. It is submitted that in 164 Cr.P.C. statement the victim girl has not alleged any misbehaviour by this petitioner. It is further submitted that both sides compromised the matter since informant has retracted from his initial version. Learned counsel for the petitioner summits that victim’s age assessed by the court during statement under Section 164 Cr.P.C. as 13 years. Learned counsel for the petitioners further submits that the Medical Board assessed victim’s age between 17 to 18 years. 2 In view of the fact that informant has retracted from the initial version, let the petitioner above named 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 Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 49 of 2009 (G.R. No. 371 of 2009). Bhardwaj (Dinesh Kumar Singh, J)