IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36666 of 2010 SAMBHU SARAN MAHARAJ @ RAKESH JHA @ NEPALI BABA Versus STATE OF BIHAR ----------- 03/ 04.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. The petitioner is in jail custody since 27.6.2010 in connection with Patepur P.S. Case no.81/2010 registered under section 366A/34 of the IPC. There is allegation against the petitioner that he took away the informant’s minor daughter. In course of investigation the victim girl recovered and her statement was recorded under section 161 of the Cr. P.C. in which she stated that she had left her home without informing her family members on the basis of disclosure made by the petitioner and when she went along with petitioner she was confined in a room in which she was subjected to rape by this petitioner. The aforesaid statement of the victim, prima facie, suggests the consent of the victim who has been found major by the Medical Board. Considering the aforesaid circumstances as well as submission of the parties, the petitioner, Shambhu Saran Maharaj @ Rakesh Jha @ Nepali Baba is directed to be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Patepur P. S. Case No.81 of 2010. shahid (Hemant Kumar Srivastava,J)