IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37870 of 2009 MD. ABBAS son of Md. Taslim, resident of village Khottha, Police Station Belsand, District Sitamarhi, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Mahendra Thakur, Advocate For the State : Mr. S. Dayal, APP …. 5 26.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 366(A)/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that though the victim girl is stated to be of 15 years of age, as per the first information report, she has herself stated before the learned Magistrate to be of 18 years of age in her statement recorded under section 164 of the Code of Criminal Procedure. However, the learned Magistrate has assessed her age as of about 16 years. Learned counsel further submits that the girl was medically examined and according to the medical report, her age is between 17 to 18 years. Further contention is that the girl had categorically stated in her statement under section 164 of the Code of Criminal Procedure that she had accompanied the petitioner at her own will for the purpose of marriage, however, her uncle had brought her to the police station from Sitamarhi. It - 2 - is also stated that the informant has subsequently filed a petition stating that the girl had married the petitioner and as such, now she does not want to proceed with the case. The petitioner is stated to be in custody since 2.08.2009. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, MD. ABBAS, to be released on bail on 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, Sitamarhi, in Belsand Police Station Case No. 99/09 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC (Dr. Ravi Ranjan, J.)