IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12370 of 2011 Mukesh Mochi @ Mukesh Kumar, S/O-Sri Ram Bali Ram Versus The State Of Bihar ----------- 03 13.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 06.10.2010. in a case registered under Sections 366 A, 363/34 of the Indian Penal Code. The victim girl has already returned to her home and her statement under Section 164 of the Cr.P.C. has been recorded. The victim stated that she was forcibly taken away by petitioner and other co-accused persons and after that she was confined and she was forced to marry with petitioner. The victim girl was found aged about 11 years by the learned Magistrate who recorded the statement of victim girl. The contention of learned counsel for the petitioner is that, as a matter of fact, victim was major at the time of the alleged occurrence and she voluntarily solemnized her marriage with the petitioner but subsequently, due to pressure of her parents, she took U- turn and supported the prosecution story. The perusal of impugned order as well as case diary shows that the victim has not been medically examined on pretext of defect of X-ray machine. Therefore, considering the aforesaid facts and circumstances as well as Annexures-2, 3, 4, 4(I) and 5 of this petition, petitioner is directed to be released on bail on furnishing bail bonds of 2 Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Athmalgola P.S. Case No. 119 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)