IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47649 of 2008 NARESH YADAV S/O-Late Kalar Yadav, R/O-Vill-Milki, P.S.-Shahicund, Distt.-Bhagalpur. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 18.02.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is named accused of the case which has been registered under Sections 366A, 376, 120B/34 of the Indian Penal Code. The informant has given a written report to the police on 04.05.2008 that on 26.04.2008 his minor daughter Rani Kumari aged 13 years was taken away by this petitioner and others. The informant enquired and came to know that she has been concealed by the petitioner. Submission is that the victim has been examined under Section 164 Cr. P.C. and has stated that she was forced to marry with Dhananjay Yadav by the petitioner. Dhananjay Yadav has established physical relationship with her. The victim is not naming the petitioner as the person who has committed rape. The doctor has opined her to be of 17 years. Further submission is that she is a grown-up lady and established physical relationship according to her own choice and accordingly married. - 2 - Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. No. IV, Bhagalpur in connection with S.T. No. 966 of 2008 arising out of Shahkund P.S. Case No. 81 of 2008. kksinha/ (Shyam Kishore Sharma, J.)