IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15410 of 2009 MANGAL PASWAN Versus THE STATE OF BIHAR ----------- 02/ 19.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 363, 366A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegation is absolutely false and frivolous as the alleged victim girl, namely Rupa Kumari herself appeared before the court and in her statement under section 164 of the Code of Criminal Procedure specifically stated that she was 19 years of age and she according to her own free will went to Shiv Mandir at Bhagalpur along with the petitioner and married him there and thereafter both of them went to Patna and were living peacefully as husband and wife, but in the meantime they learnt that the father of the alleged victim girl had lodged a case against the petitioner and his parents whereafter the petitioner surrendered before the police and she was arrested. She also stated that she did not want to go with her parents as she apprehended that they will kill her and she wanted to live with the petitioner as his wife. In the said circumstances it is quite apparent that the petitioner and the alleged victim girl are majors and she has married him from her own free will and the informant is trying to disturb 2 their marital life which cannot be allowed in a civilized society governed by the rule of law. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioner, namely, Mangal Paswan shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C.II, Munger in connection with S.T. No.66 of 2009 arising out of Ram Nagar P.S. Case No.138 of 2008. harish/ ( S.N.Hussain, J)