IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.958 of 2011 RAUSHAN KUMAR, S/o Dinanath Prasad Gupta, R/o Kudarkat, P.S. Chhauradano, District – East Champaran …. Petitioner Versus THE STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. Naresh Chandra Verma, Advocate For the State : Mr. S.N.Shukla, A.P.P. ---- 2 12.01.2011 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for offences punishable under sections 147, 148, 149, 379, 366(A), 120 of the Indian Penal Code. As per the allegation in the first information report, the petitioner and others had kidnapped the minor sister of the informant aged about 17 years either for marriage with the petitioner or for subjecting her to trafficking. The girl’s statement has been recorded under Section 164 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that the victim girl has categorically stated that false case has been lodged at the behest of her brother. However, the fact is that no one had enticed her or kidnapped her. 2 Since she had been feeling difficulty in the house of the in-laws, she had come back to her parent’s house, however, they refused to accept her and due to that reason she left the house and was living at Patna. Further, the learned Magistrate has assessed the age of the girl to be of 23 years. The learned Sessions Judge has noticed that in paragraph 139 of the case diary medical report shows that she is of the age of 19 years whereas in the matriculation certificate she has been shown to be of 23 years old. Thus, it is submitted that a major girl has left her house at her own will, as per her statement recorded under Section 164 Cr.P.C.. Thus, appears that the petitioner has been falsely implicated. Learned counsel appearing for the State submitted that as per allegation in the first information report the petitioner and others had kidnapped the girl. However, from the statement of the girl recorded under Section 164 Cr.P.C., it appears that she is major and she has left her house at her own will. Having considered the facts and the circumstances of the case, let the abovenamed petitioner, namely, RAUSHAN KUMAR in the event of arrest or 3 surrender by him within 30 days, be enlarged on bail on his furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Chhauradano P.S. Case No. 93 of 2009, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Spd/- ( Dr. Ravi Ranjan, J.)