IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21238 of 2009 SONU KUMAR Versus STATE OF BIHAR ----------- 3 12.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Section 366A of Indian Penal Code. As per allegation in the F.I.R., the petitioner is said to have abducted/kidnapped daughter of the informant while she was sleeping on the roof by scaling the roof and taking her down with the help of a ladder. Learned counsel referring to the statement of the girl recorded under Section 164 Cr.P.C., submits that there appears to be a consent between the girl and boy. The assessment of the age by the learned Magistrate is 15 years. The girl was, however, medically examined and the report is Annexure-3. Learned counsel referring to the medical report submits that on making radiological and other tests, the age has been assessed between 17 to 19 years. On the strength of these facts, it has been submitted that the consent of the girl cannot be ruled out at this stage. In the facts and circumstances of the case, let petitioner above named 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 learned 2 Chief Judicial Magistrate, Ara in connection with Udwant Nagar P.S. case no. 56 of 2009. pkj ( Kishore K. Mandal, J. )