IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40140 of 2009 Amit Kumar Yadav, Son of Ram Chandra Yadav, Resident of Village Sakra Paharpur, P.S. Simri Bakhtiarpur, Distt. Saharsa. --------- Petitioner Versus The State of Bihar ----- Opp. Party ----------- 2 25.11.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner faces prosecution for an offence under Sections 366A/120 of the Indian Penal Code and there is direct allegation in the First Information Report of the petitioner to have enticed/abducted a minor girl aged about fourteen years. As a matter of fact, when the girl was recovered, she had made a categorical statement under Section 164 of the Code of Criminal Procedure affirming not only the direct involvement of the petitioner in her abduction against her wishes but that she was also subjected to physical torture. Learned counsel for the petitioner was quite sanguine about the affidavit sworn by the victim girl stating therein that she had gone on her own wishes with the petitioner and that she had married the petitioner. The overemphasis of the learned counsel for the petitioner on a compromise petition 2 allegedly arrived at between the parties would go to show that as to how the petitioner even after being in jail custody is trying to tamper with the prosecution evidence. This Court, therefore, will not give any credence either to the affidavit or to the alleged compromise petition in presence of the aforementioned statement of the victim girl under Section 164 Cr.P.C. In the opinion of this Court, such affidavit will not inspire confidence specially when the victim girl in her statement under Section 164 Cr.P.C. before the court has neither supported the story of marriage nor having any affair with the petitioner. This Court cannot also overlook the fact that the age of the victim girl is fourteen years and thus minor. That being so, this Court is not inclined to grant bail to the petitioner, namely, Amit Kumar Yadav and the prayer for bail is hereby rejected. The trial court is directed to expedite the trial. Rsh (Mihir Kumar Jha, J.)