IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46576 of 2009 RAJIV KUMAR @ CHHOTE, Son of Sidhi Singh, resident of Village Nepura, P.S. Deep Nagar, District Nalanda. Versus STATE OF BIHAR ----------- 2 1/2/2010 Heard counsel for the petitioner and counsel for the State. The petitioner, seeking anticipatory bail in connection with an offence under sections 366 and 120 (B) of the Indian Penal Code, has his defence that the alleged kidnapped girl, Rani Kumari has already given her statement under section 164 of the Cr.P.C. that she on her own volition had left her house for getting married to the petitioner and as such there would be no offence under section 366 of the Indian Penal Code. This aspect of the matter has in fact been considered by the court below in its reasoned order wherein it has been found that the petitioner was already a married man and even thereafter he had taken away the alleged victim girl and had also married her, in the lifetime of his first wife by committing an offence under section 494 of the Indian Penal Code. Thus in view of the aforementioned conduct on the part of the petitioner he is not entitled for grant of anticipatory bail and accordingly his prayer for bail is rejected. In the event, the petitioner would surrender and seek regular bail, this order will not come in his way for consideration of such prayer on merits. This application is accordingly disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)