IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4467 of 2011 Dulal, Son of Afsar Ali, resident of Village-Jiyagachhi, P.S.-Chanchal, District-Maldah (West Bengal). –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 14.02.2011 The petitioner is in custody in relation to Araria P.S. Case No.372 of 2010 registered under Section 366A/34 of the Indian Penal Code. The informant alleges that on 17.08.2010 petitioner along with other had kidnapped the minor daughter for the purposes of marriage. The daughter was later recovered and in her statement under Section 164 Cr.P.C. has indeed alleged that having been kidnapped the petitioner had established the sexual relationship with her husband. On behalf of the petitioner, it is submitted that the victim girl is not of 14 years old as alleged by the informant. The medical report clearly suggests that she is between 17-19 years and used to sexual intercourse. There are no sign of rape. It is further submitted that in fact she was married at the tender age to another person who never took her with him and, accordingly, as per Muslim law the girl divorced her husband and agreed to marry the petitioner. In fact, the petitioner has married the victim girl Mariyam Praveen and the story about kidnapping and rape etc. are false. Be that as it may, let the petitioner above-named be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of - 2 - the C.J.M., Araria in connection with Araria P.S. Case No.372 of 2010, subject to the condition that the father of the petitioner should be the one of the sureties. Trivedi/ (Navaniti Prasad Singh, J.)