IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12645 of 2010 1. SANTOSH KUMAR GUPTA,S/o-Ramchander Gupta 2. Bino Pd. Gupta,S/o-Late Dhidhar Gupta 3. Shivdeo Gupta,S/o-Late lakhi Chand Gupta, 4. Rajesh Gupta,S/o-Shivdeo Gupta,all are R/O/V-Barahi Bijalpur Puranbas,P.S. & District-Supaul .. Petitioners Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioners: Mr.Arun,Advocate For the Opp.Party : Mr.Ram Priya Sharan Singh, Addl.P.P. --------- 02/ 13-05-2010 Heard the parties. In a criminal prosecution under Section 366A/34 of the Indian Penal Code, petitioners are alleged to have kidnapped one Raj Kumari, minor daughter of the informant, for the purpose of marriage. During the course of investigation aforesaid victim was recovered and her statement under Section 164 Cr.P.C. was recorded on 25th January, 2010 by the learned Magistrate, wherein also she was shown to be minor, aged about 16 years. In her statement under Section 164 Cr.P.C. the victim has fully supported the prosecution case about her kidnapping and has stated that in an unconscious condition she was taken to Delhi by the accused persons including the petitioners. Though she has alleged that attempt was made for sexual assault upon her by the accused persons, but finally she has admitted that the rape was not committed on her by any of the accused persons. She has not uttered even a single word about solemnization of her marriage with any of the accused persons. Learned counsel for the petitioners submits that, as a 2 matter of fact, alleged victim was married with co-accused Virendra Kumar Gupta and in support of his claim he has annexed an affidavit allegedly sworn by the victim girl. Taking into consideration the fact that the victim has fully supported the prosecution case in her statement under Section 164 Cr.P.C. and has not admitted the claim of the petitioner about her marriage with co-accused Virendra Kumar Gupta, their prayer for anticipatory bail is rejected. The petitioners must surrender in the court below in connection with Supaul P.S.Case No.09/2010 within a period of four weeks from today and seek regular bail, if so advised. AH/ ( Birendra Prasad Verma, J.)