IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21530 of 2008 MD.SHAUKAT Versus STATE OF BIHAR ----------- 3. 6/8/2008 Heard Mr. M.Nasrul Huda Khan, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the State. Petitioner is an accused in a case under Sections 363. 366 and 120B of the Indian Penal Code. Allegation is that the petitioner kidnapped minor daughter of the informant who is aged about 12 years for the purpose of marriage, while she was returning from school as has been stated by the victim girl in her statement recorded under Section 161 Cr. P.C. Learned counsel for the petitioner submits that though the victim girl has returned, her statement was only recorded under Section 161 Cr. P.C. but she was not examined under Section 164 Cr. P.C. Learned counsel further submits that the victim girl in her statement recorded under Section 161 Cr. P.C., though has allegedly supported the case but has never said that she was subjected to any sexual intercourse. It is also urged that the F.I.R. has been lodged after two days of the alleged date of occurrence. Further submission is that according to the statement of the victim girl recorded under Section 161 Cr. P.C., she was taken at too many places and there was ample opportunity for her to raise alarm but she has - 2 - not done so. It is further submitted that the petitioner is in custody since 13.2.2008. Learned counsel for the State submits that this is a case of kidnapping of a minor girl. The age of the girl is merely 12 years. Further submission is that she has given graphic account of her kidnapping in her statement recorded under Section 161 Cr. P.C. In the facts and circumstances of the case and in view of the submissions made on behalf of the parties as well as the fact that the victim girl is of tender age. I am not inclined to grant bail to the petitioner for the present. As a result, the prayer for bail is refused at this stage. However, the petitioner will be at liberty to renew his prayer for bail, if so advised, after six months. S.Ali (Dr. Ravi Ranjan, J.)