IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16997 of 2008 SANTOSH KUMAR RAJAK @ SANTOSH KUMAR Versus STATE OF BIHAR ----------- 4. 22.7.2008. The petitioner who is in custody in connection with Desari P.S. Case No.106 of 2007 registered under Sections 363/366(A)/120B I.P.C. has prayed for bail. The prosecution case is that the minor daughter of the informant, Pinki Kumari, aged about 14 years was enticed away by co-accused, Nisha Devi, who brought her near Bhikhanpura Middle School and handed over to her dewar , namely, the petitioner, for the purposes of marriage and told her to take her with him and get married in the Mandir and accordingly, the petitioner along with the other co- accused had gone and performed the marriage. The submission advanced on behalf of the petitioner is that Pinki Kumari had attained majority and was in fact in love with the petitioner which eventually culminated in their marriage and that the victim girl had not been recovered by the police and to the contrary she had come on her own to her house. The statement of the victim Pinki Kumari before the police as also under Section 164 Cr.P.C. had been obtained while she was in the custody of her father and other family members and had been given under threat and compulsion and as such could not carry much value. The medical report does not come to the aid of the informant which would be apparent from the fact that the doctor did not find any marks of violence or conclusive signs of rape. - 2 - In view of the statement of the victim under Section 164 Cr.P.C., I do not find any merit in this application which is rejected. P.S. (Abhijit Sinha,J)