IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28431 of 2010 SHAILESH YADAV Versus THE STATE OF BIHAR ----------- 02/ 06.10.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Admittedly, earlier informant’s father filed complaint case which was converted into Bhorey P.S. Case No. 226/2009 for the offence under section 366A/34 IPC. In the aforesaid case, the informant was examined under section 164 Cr. P.C in which she did not support the prosecution story rather stated that she eloped with the petitioner at her own sweet will. Learned Magistrate, who recorded the statement of the victim (informant) found her age about 20 years. Subsequently, the informant lodged the instant case making some absurd allegation against the petitioner and others. I am surprised as to why the learned Sessions Judge, Gopalganj rejected the prayer for bail of the petitioner. It appears that there is complete lack of application of judicial mind on the part of the learned Sessions Judge. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, I direct the petitioner to be released on bail in connection with Bhorey P.S. Case no. 63 of 2010 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj. shahid (Hemant Kumar Srivastava,J))