IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21058 of 2011 Raju Kumar Versus The State Of Bihar ----------- 2 25-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is languishing in jail custody since 04.04.2011 in a case registered under section-366A of the Indian Penal Code. Admittedly, the victim has already returned her home and her statement under section-164 of the Cr.P.C. has been recorded. In course of hearing, learned counsel appearing for the petitioner produced certified copy of statement of the victim recorded under section-164 of the Cr.P.C. It reflects from the contents of above-said statement of the victim that she was a consenting party though she has specifically denied in her statement that there was love affairs between her as well as the petitioner but totality of the aforesaid statement negates the above- said statement of the victim. Although in medical examination, the victim has been found below 18 years of age but no sign of rape was found on her and it appears that she is about to attain majority. Taking into consideration the aforesaid facts and 2 circumstances as well as submission of the parties, let the petitioner, namely, Raju Kumar be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Krishna Nagar P.S. Case No. 26 of 2011 to the satisfaction of Chief Judicial Magistrate, Patna. AKV/- ( Hemant Kumar Srivastava,J.)