IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40199 of 2008 1. RUPESH KUMAR 2. Raushan Kumar Jai @ Roshan Jain @ Sonu Versus STATE OF BIHAR ----------- 2. 21.10.2008 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under sections 366A and 363 of the Indian Penal Code and the allegation is that the daughter of the informant was taken away by the present petitioner Roshan Jain @ Sonu. The lady appears recovered by the police and her statement appears recorded under section 164 of the Code of Criminal Procedure. In addition to the above the lady was also presented before the Board of doctors for medical examination and the doctors expressed their opinion that she could be 18 years of age and that there was no sign of sexual intercourse upon her. As may appear from the statement of the lady, she appears herself going to the house of the petitioner and from there she appears telling the Magistrate that this petitioner took her to different places. Some sort of artificiality appears in the statement as was the submission. The contention further was that the lady appears moving from one place to the other in the company of the petitioner and does not appear making complain to anyone about the forcible act of petitioner Sonu. As regards petitioner Rupesh Kumar, the contention is that his name has not been taken by the lady in her statement. As may appear from the statement of the lady, she was a student of B.A. - 2 - Part-I and has stated her age at 18 years which is the finding of the Medical Board also and the Court could take a view that she could be at the higher side of the age. Circumstances do indicate that she might be moving out of her own. Regard being had to the facts of the case, let petitioners, namely, Rupesh Kumar and Raushan Kumar Jai @ Roshan Jain @ Sonu be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. case no.18 of 2008 (G.R. no.325 of 2008). sudip ( Dharnidhar Jha,J )