IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23633 of 2008
NAGENDRA SAHANI
Versus
STATE OF BIHAR
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2. 1.7.2008 Heard.
The case is under Sections 363(A), 366(A),
368 and 120(B)/34 of the Indian Penal Code. The
police after investigation reported the case to be
true only under Sections 366(A) and 376 of the
Indian Penal Code.
The case is of enticing away the daughter of
the informant so as to getting married to her.
However, the statement of the lady recorded
under Section 164 of the Code of Criminal Procedure
indicates as if she had voluntarily left her
father’s house so s to go away and get married to
the petitioner. She has further stated that she was
living peacefully with the petitioner. However, an
order Annexure 5, passed by the Principal Judge,
Family Court, Motihari, East Champaran, indicates
that she was sent to the Remand Home, Gaighat,
Patna, because the learned Judge assessed the age
of the girl at about 17 years.
The contention is that the medical report
indicates that the age of the girl was 16 to 17
years.
It could be a case where the lady could
also be above 18 years or above because an
addition of three years could be made to the
assessment of the age of the girl and as such the
lady cold be said being at the verge of majority.
In that view, as also in view of her
statement that she herself left the house of his
father, let the above named petitioner be directed
to be released from custody on his furnishing a
bond of Rs. 10,000/-( ten thousand) with two
sureties of the like amount each to the
satisfaction of the Additional Sessions Judge 2nd,
Motihari, East Champaran, in Sessions Trial No. 16
of 2008 arising out of Harsidhi P.S.Case No. 177
of 2007.
( Dharnidhar Jha, J.)
Kanth