IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18291 of 2008 MUNNA KUMAR @ MUNNA YADAV Versus STATE OF BIHAR ----------- 3/ 22.07.2008 Heard learned Counsel for the petitioner Munna Kumar @ Munna Yadav who is in custody in connection with Bakhtiarpur P.S. Case No. 288/2007 registered under Sections 366(A)/34 of the Indian Penal Code and heard learned Counsel for the State and also heard learned Counsel for the informant. Allegation against the petitioner is that he had enticed and taken away a minor girl under the age of 18 years from the legal custody of her guardians for purposes of seduction and illicit intercourse or marriage. It has been submitted on behalf of the petitioner that the medical report had found the victim girl to be of 18 years and therefore, she being a major, no offence under Section 366(A) of the Indian Penal Code can be said to have been committed. It has also been submitted that the victim girl was now living with the petitioner and she had left her parental home out of her free will and in volition order to marry the petitioner. As against this, the statement given by the victim girl under Section 164 Cr.P.C. discloses an opposite version. In her statement she has disclosed her age as 15 years whereas the Court has assessed her age as 16 years. She has also stated that it was this petitioner who had enticed and seduced her and taken her away and after traveling for 100 yards her eyes were tied and eventually she was taken to Allahabad where she was 2 kept in the house of Sunil Yadav and was ravished by the petitioner. She has also stated that it was after 10 to 12 days that she was brought back. Chargesheet has also been submitted in this case against the petitioner. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. kksinha/ (Abhijit Sinha, J.)