JUDGMENT 1. - This order governs the disposal of bail application filed under Section 439 of Cr.PC. by Shri S.R. Surana Advocate on behalf of accused petitioner Rakesh Kumar Verma which pertains to FIR No. 507/08 of police station Kotwali, District Dausa registered in the offences under Sections 363, 366 and 376 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has contended that the contents of FIR do not constitute any offence under Section 376 of IPC. On the alleged date of occurrence, the prosecutrix was above the age of 18 years. With a view to determine her age, she was medically examined and the Doctors determined her age in between 18-19 years. Both the prosecutrix and the petitioner belongs to one caste. The facts available on record reveal that the prosecutrix was taken by the petitioner to different places such as Delhi, Patna and Dausa by road and by train. It appears that the prosecutrix voluntarily accompanied the petitioner to these different places. So far as, the offence under Section 376 of IPC is concerned, the learned counsel has submitted that on medical examination no external mark of injury has been found on her person. No definite opinion with regard to rape has also been given by the Doctor. The petitioner has been in custody since October 14, 2008, as such, he deserves to be released on bail. 4. Learned Public Prosecutor has vociferously opposed the bail petition primarily on the ground that the petitioner is married having a wife and children and also of the age of 35 years, whereas, the girl happens to be only 18 years of age. It was for the petitioner to decide as to whether he was to take the prosecutrix along with her to these different places? Keeping in view all these facts and circumstances, on moral ground, the petitioner does not deserve any bail and his petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the material available on record, it is noticed that the prosecutrix was recovered on August 8, 2008 from one room situated at Jaipur. She is not found to have been recover. ' from the possession of the petitioner. 5. Having considered the submissions made at the bar and scanned the material available on record, it is noticed that the prosecutrix was recovered on August 8, 2008 from one room situated at Jaipur. She is not found to have been recover. ' from the possession of the petitioner. Nothing is found to have been recovered from the petitioner also. Secondly, it is also found that at many places, on many occasions, the prosecutrix remained all alone and she had ample opportunity and ample time to apprise her parents on phone or through other means with regard to her abduction or any offence having been committed with her by the petitioner. But it is not found so on her part. At this juncture, keeping in view all the facts and circumstances in its entirety, without commenting on the merits of the case, I do feel inclined to grant bail to the accused-petitioner. 6. It is, therefore, ordered that the accused-petitioner Rakesh Kumar verma son of Ramji Lal, by caste Raigor, resident of Opposite Adarsh Vidhya Mandir, Behind Poonam Talkies, Dausa, in FIR No. 507/08, registered at Police Station Kotwali, District Dausa shall be released on bail on furnishing personal bond in the sum of Rs. 50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded.Petition Allowed. *******