IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21208 of 2009 SANDEEP GUPTA Versus STATE OF BIHAR ----------- 3 11.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 366A /34 of Indian Penal Code. Allegation as per the F.I.R. is that the petitioner and other accuseds abducted/kidnapped the minor girl of the informant. It appears that petitioner was on the visiting terms in the family of the complainant/informant. The girl subsequently appeared and made a statement under Section 164 Cr.P.C. in which she has claimed to be 18 years of age. Assessment of the Magistrate is 17 years. Learned counsel submits, referring to the aforesaid statement, that she has admitted that she deserted home on her own volition and went to the different places and that she has married with the petitioner. The girl was medically examined and it appears from the impugned order that she was found to be minor aged about 15-16 years. It appears that the prosecution case has been supported by several witnesses. It is further contended that he is in custody since 4.8.2008 and that he has married with the victim girl. Be that as it may, having regard to the allegation, this court is not inclined to grant him privilege of bail at this stage. Accordingly, his prayer for bail stands rejected. 2 Looking to the fact that he is in custody since 4.8.2008 as also the statement of girl recorded under Section 164 Cr.P.C., this court grants liberty to the petitioner to renew prayer for bail after six months from the date of receipt/communication of a copy of this order in the court below if in the meanwhile, the trial of the case is not taken up. pkj ( Kishore K. Mandal, J. )