IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37646 of 2010 SANTOSH KUMAR @ SANTOO, SON OF ASHOK SHARMA, RESIDENT OF VILLAGE MATHURAPUR, POLICE STATION NOORSARAI, DISTRICT-NALANDA, AT PRESENT RESIDING AT VILLAGE-MAI, POLICE STATION-PARWALPUR, DISTRICT-NALANDA. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mrs. Soni Srivastava (Adv.) For the State : APP. ----------- 02/ 03.11.2010 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Counsel for the State. The petitioner is praying for bail in a case which has been registered under Section 366A of the Indian Penal Code. The informant has given a written application that her daughter Ragni Kumari @ Khushboo Kumari aged 13 years has been enticed away by this petitioner. From Annexure-2, it appears that the victim has given her statement under Section 164 of the Code of Criminal Procedure on 12.04.2010 in which she has alleged that she was taken away by this petitioner and she was taken to Delhi. Later on, she returned on her own. From Annexure-4, it appears that she has given another statement under Section 164 of the Code of Criminal Procedure in which she has stated that she was carrying six months’ pregnancy from the petitioner with whom she 2 has married. The marriage was not liked because it was inter-caste and she has prayed before the court of Judicial Magistrate that she should be sent with her husband namely the petitioner. Annexure-5 is the medical examination report of the Ragini Kumari @ Khushboo Kumari which mentions that she is aged between 16-17 years. Learned Counsel for the informant has submitted that subsequent statement under Section 164 of the Code of Criminal Procedure was under duress and the petitioner has been arrested after filing of the criminal writ petition. The petitioner is claiming himself to be married with Ragini Kumari @ Khushboo Kumari. The victim has also given her subsequent statement under Section 164 of the Code of Criminal Procedure in which she has supported this fact. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief 3 Judicial Magistrate/court concerned, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 21 of 2010. kksinha/- (Shyam kishore Sharma, J.)