IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16911 of 2010 ARVIND RAI @ BHULAN RAI Versus STATE OF BIHAR ----------- 2/ 25.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 23.02.2010 in connection with a case registered under sections 366(A), 379, 504/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the informant got the age of the victim recorded in the F.I.R. as 17 years whereas the victim girl got her age recorded in 164 Cr.P.C. statement as 18 years and the court also assessed her age to be 16 years. In her statement under section 164 Cr.P.C. the victim has stated that she had gone in company of the petitioner of her own volition and she informed about the same to the family members also. It is submitted by learned counsel for the informant that the petitioner is a married person and the Medical Board assessed the age of the victim girl to be 15 to 16 years. It is also submitted that at the present the victim girl is living with her parents. In view of the statement of the victim girl under section 164 Cr.P.C., let the above named petitioner be provisionally released for a period of six months on bail on - 2 - furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Simari P.S.Case No. 26 of 2010. During the period of six months of provisional bail if any complaint is made from the informant’s family that the petitioner is trying to contact the girl in any manner then the provisional bail will not be confirmed and if the conduct of the petitioner will be found satisfactory, then only the learned C.J.M., Buxar will confirm the bail of the petitioner on or before expiry of the said period. ( Dinesh Kumar Singh, J ) BTiwary/