IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13076 of 2008 AJAY KUMAR @ AJAY YADAV @ BULLU YADAV @ BULLA Versus STATE OF BIHAR ----------- 02 14.05.2008 The petitioner is in custody since 01.03.2007 in relation to Barh Police Station Case No. 89 of 2007 instituted originally under Sections 366(A) and 34 of the Indian Penal Code but charge sheeted under Sections 376, 366(A), 366/34 of the Indian Penal Code and the same is pending trial before Additional Sessions Judge III, Barh (Patna). As per first information report, it is alleged that the informant who is the father of the girl was informed that his daughter who was minor had eloped and his wife was lying unconscious. He named the petitioner, his father and mother. Subsequently, the petitioner and the girl were arrested at Patna and the girl was handed over to her parents and the petitioner remanded. Later, the girl gave a statement under Section 164 Cr.P.C. and she was medically examined. It is submitted by the petitioner that it was plain and simple case of elopement the petitioner and the girl, in question, were in love. Petitioner’s parents were ready for the marriage but the girl’s parents were not. It is further said that no rape was committed. It is submitted that in the F.I.R. the very fact that the petitioner and his parents have been made accused, so it was not a case as made out. Secondly, the girl and the boy both were apprehended from Patna which again goes to show that the girl was not being taken against her will. Then, it is submitted that once the girl was released to the custody of her parents her statement was taken being tutored. Even in this statement, it is clear that she was kept at the house of petitioner’s relations whom she knew well. Lastly, it is submitted that on medical examination the report is clear and states that there are no signs of rape, even though, the age of the girl has been determined at below 18 years. Petitioner submits that medical evaluation of age is within a range of couple of years here and there. It is a case of love affair where parties wanted to marry but parents of one side were not willing. Petitioner states that even today he is ready to marry the girl and keep her. It is further stated that the parents of the petitioner though named in the F.I.R were already granted anticipatory bail. In the facts and circumstances of the case, let the petitioner, Ajay Kumar @ Ajay Yadav @ Bullu Yadav @ Bulla be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge, IIIrd, Barh (Patna) in Barh Police Station Case No. 89 of 2007. Trivedi/- (Navaniti Prasad Singh,J.)