IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7882 of 2010 GOLDEN ANSARI, SON OF JANUDDIN ANSARI Versus STATE OF BIHAR ----------- For the petitioner : Mr. Jitendra Singh, Sr. Adv. For the State : Mr. S.C. Mishra, A.P.P. ------------ 3. 09/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363, 366A and 34 of the Indian Penal Code. Taking into consideration the statement of the girl recorded under Section 164 Cr. P.C. wherein she stated that she aged about 19 years and medically opined to be 17-18 years had married the present petitioner on her own sweet will and it was not a case of kidnapping, let the petitioner above named, who is in custody since 31.8.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara (Bhojpur), in Shahpur P.S. Case No. 195 of 2009 subject to the following conditions: That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. - 2 - The Magistrate is directed to commit the case immediately to the court of Sessions and the trial court in seisin of the case will pass appropriate orders as to wither any offence is made out in the facts of the case in view of the statement under Section 164 Cr. P.C. of the victim girl. S.Ali (Anjana Prakash, J.)