IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8038 of 2011 MD. SIKENDAR @ MD. SIKENDAR ALAM Versus THE STATE OF BIHAR ----------- 03. 30-03-2011 Heard. Supplementary affidavit has been filed on behalf of the petitioner. This is an second attempt on behalf of the petitioner seeking the privilege under Section 438 of the Code of Criminal Procedure. Earlier the prayer for bail of the petitioner was refused vide order dated 07.10.2010 passed in Cr. Misc. No. 27633 of 2010. At the relevant time, there was nothing on the record on behalf of the petitioner to contradict the age of the victim being sixteen years. However, in present application by filing supplementary affidavit today one School Leaving Certificate (SLC) said to have been issued from Government +2 High School, Virpur, Supaul has been filed in which the date of birth of the victim appears as 18-03-1992 and showing that at the date of alleged occurrence she was more than seventeen and half years. Further, stress has been given during submission on the statement of the victim recorded under Section 164 Cr.P.C. Considering the facts and circumstances of the case, on the event of the victim on due identification appearing as a witness before the court below supporting the factum of her willful residence with the petitioner and also on due verification of the 2 School Leaving Certificate (SLC) said to have been issued on 15- 01-2011, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Md. Sikendar @ Md. Sikendar Alam is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Birpur P.S. Case No. 105 of 2009, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on three consecutive dates, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)