IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38448 of 2009 SANTOSH KUMAR son of late Moti Mallah,resident of village-Ajijghat,P.S.Bihar, Distt-Nalanda, Versus THE STATE OF BIHAR --------- 2. 18.11.2009. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is an accused in Bihar P.S.Case No.177 of 2009 for the offence punishable under Section 366A/34 of the Indian Penal Code. Substance of allegation against the petitioner is of kidnapping the minor daughter of the informant with the aid of his companions. Learned counsel for the petitioner refers to Annexure-2 of the bail application which is a deposition made by the victim girl Rubi Kumari alias Luci Kumari under section 164 of the Code of Criminal Procedure. It is submitted that the victim girl herself has admitted that she has married the petitioner on her own free will and that she wants to live with the petitioner. It is further submitted that the victim girl herself has stated her age to be 19 years and as such the allegation does hold not good. Considering the facts and circumstances of 2 the case, let petitioner Santosh Kumar be released 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, Nalanda at Biharsharif in connection with Bihar P.S.Case No.177 of 2009. ahk (Jyoti Saran,J.)