JUDGMENT Hon’ble Barkat Ali Zaidi, J.—A father and son have come to this Court for bail consequent on rejection of the same by the Sessions Judge, Moradabad. 2. Heard Sri Amit Singh, Advocate for the applicants and Sri Mohammad Israil Siddiqui, Addl. Government Advocate for the State. 3. According to the prosecution version, the prosecutrix had gone on 28.6.2007 to a shop in Moradabad city for purchase of certain items and when she did not return, the parents searched for her and subsequently on 30.6.2007, it was discovered that she is at the house of the accused where she has been made to undergo a marriage with Rishi against her will and without her consent and where she is living as a wife. 4. An F.I.R. was lodged by the mother of the prosecutrix on 3.7.2007 and the accused were arrested. 5. The statement of the prosecutrix was recorded under Section 164, Cr.P.C. but surprisingly no reference of the same has been made by the Sessions Judge in his order. In that statement, she has stated that she was forced into the marriage against her consent and subsequently, she was made to cohabit with accused Rishipal. 6. According to the father, the girl was 13 years but the medical report states that she was 17 years of age. It is well settled that there can be a difference of two year either way in the age determined by medically examination which means, that is also likely, that, she is more-than 18 years of age. 7. It is not easy to swallow the prosecution version that at 12 OClock in the day that the prosecutrix was taken away forcibly from a crowded market, and the likely inference in the circumstances is that, she went on her own free will, and had been previously in touch with her husband. 8. As regards the statement of the prosecutrix under Section 164, Cr.P.C, it is necessary before recording the statement the Magistrate should satisfy that the person concerned is giving his or her statement voluntarily, and of her own free will. 9. The girl was not sent to ‘Nari Niketan’ for some time, before recording her statement, so that she could reflect about the same. 9. The girl was not sent to ‘Nari Niketan’ for some time, before recording her statement, so that she could reflect about the same. The statement may have been given under compulsion and coercion by her father, which is of course a matter, to be looked into at the time of trial by the trial Court. 10. However, in view of all these circumstances, bail should not be refused. 11. The applicants be released on bail on their each furnishing a personal bond of Rs. 15,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Moradabad. ————