AB 2118/2011 BEFORE HON’BLE MR JUSTIC U.B.SAHA The instant application under Section 438 Cr. P.C is filed by the petitioner, Ra ja Munda, for granting him bail in the event of his arrest in connection with Bo ngaigaon P.S. case No. 291 of 2011 under Section 366(1) IPC arising out of the F irst Information Report lodged by the father of the victim girl, Beni Madhab Rai . Heard Mr. B. Choudhury, learned Counsel for the petitioner who submits t hat the alleged abducted girl has already been recovered and at present she is i n custody of her parents. Therefore, the custodial interrogation of the petition er is not called for, as he is ready to appear before the I.O of the case. Mr.B.S. Sinha, learned Addl. P.P submits that the medical examination of the victim girl could not be done for determining the age of the girl. Heard also Mr. S.C. Keyal, learned Counsel for the informant, the father of the victim girl, who submits that the age of the victim girl is 16 years. Even if on the argument sake, it is admitted that the age of the victim girl is 16 years and the petitioner is allegedly involved with the offence, then also i t would not be proper for the Court to reject the prayer for bail when the prose cution has failed to examine the victim girl medically for determination of her correct age. It is not the case of the prosecution that the petitioner will not be available at the time of trial or the petitioner would tamper the evidences, if he is enla rged on bail. Considering the entire facts and circumstances, particularly, the facts that the victim girl has already been recovered and handed over to the parents, it is or dered that the petitioner shall be enlarged on bail in the event of his arrest i n connection with the aforesaid P.S case on his furnishing a bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the arresting authority on further conditions that he shall appear before the I.O of the case once in a week for next two months and he shall not leave the State of Assam w ithout prior permission of the I.O. It is made clear that if the petitioner violates the aforesaid condition, then I .O is at liberty to approach this Court for cancellation of the bail as granted by this Court. With the aforesaid order, the bail application is allowed and disposed of.