IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20076 of 2009. SARWAN MANJHI @ SARWAN KUMAR MANJHI, S/O NANHAK MANJHI, R/O VILL. – DEMA FATEHPUR, P.S. KHIJAR SARAI, DISTT. – GAYA ………………... PETITIONER Versus THE STATE OF BIHAR …………………. OPPOSITE PARTY. ----------- For the Petitioner:- Mr. Rajednra Narain and Mr. S.K. Yadav, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ---------- 5. 14.12.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Sections 366A and 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that from a plain reading of the first information report it would appear that the informant herself had eloped with the petitioner and remained with him for about four months. During the aforesaid period, neither the parents of the informant nor any other family member lodged any complaint regarding missing of the informant, which goes to show that the victim was a consenting party. It is further submitted that the medical examination of the victim girl has revealed that there is no sign of any recent sexual assault and she was habitual to sex. The Doctor has come to the opinion that the girl may be aged 2 between 17-19 years. Petitioner is stated to be in custody since 04.02.2009. Learned counsel for the State submitted that the girl has alleged in the first information report that she was subjected to forceful sexual assault. However, it is true that she remained with the petitioner for about four months and no first information report or any missing report or complaint was lodged before the police by the family members of the informant. The Doctor has also opined that the girl is aged about 17-19 years and there is no sign of any sexual assault and she was habitual to sex. Having regard to the facts and circumstances of the case, I direct the petitioner, namely, Sarwan Manjhi @ Sarwan Kumar Manjhi to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 22/2009. dk ( Dr. Ravi Ranjan, J. )