IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4831 of 2010 RAJU KUMAR RAMANI, SON OF BILASH RAMANI, RESIDENT OF VILLAGE-NAUDHAIYA, P.S. BUNIYADGANJ, DISTRICT-GAYA………………………………......PETITIONER. Versus THE STATE OF BIHAR………………….OPPOSITE PARTY. -------- For the Petitioner : Mr. Jitendra Kumar No.1, Advocate. For the State : Mr. Uma Shankar Prasad Singh, A.P.P. ---------- 2. 8.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Section 366(A) of the Indian Penal Code. As per the allegation, set up in the First Information Report, the petitioner had kidnapped the victim minor girl for the purpose of marriage. It has been submitted on behalf of the petitioner that there is love affair between the victim girl and the petitioner. The victim girl in her statement, recorded under Section 164 Cr.P.C., which has been brought on record as Annexure-‘3’ to the application, has stated her age about 19 years, however, the court concerned has assessed her age - 2 - about 17 years. During the medical examination of the victim girl, the doctor has opined the age of the victim girl as 17 years +/- 6 months. Thus, it is submitted that even if it is assumed that the victim girl was not minor, even then it can be said that she was at the verge of attaining majority and in her statement, she has stated that she has married the petitioner at her own will. It is lastly submitted that the doctor, who has examined the victim girl, in his report has stated that no recent sign of rape has been found. Charge sheet has already been submitted in this case and the petitioner is in custody since 18.7.2009. Having regard to the facts and the circumstances of the case, the petitioner, Raju Kumar Ramani, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Buniyadganj P.S. Case No.92/2009, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with - 3 - the petitioner. Further, the petitioner shall remain present on each and every date before the court below during course of trial. If he fails to remain present on two consecutive dates without any reasonable cause, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)