IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12823 of 2010 CHANDAN GUPTA SON OF SHAMBHU GUPTA, RESIDENT OF VILLAGE-BAIRIYA, P.S. BAIRIYA, DISTRICT-WEST CHAMPARAN AT BETTIAH. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 26.05.2010 Heard Dr. Amrendra Kumar, learned counsel for the petitioner, and Mr. U.S.P. Singh, learned Additional Public Prosecutor, for the State. The petitioner is named accused in this case, carry allegation of kidnapping minor daughter of the informant for the purpose of marriage. On medical examination she appears to have been found under 17 years of age whereas from the order of the court below it appears that she was born on 1st November, 1994 in M.J.K. Hospital, Bettiah, certificate to this effect was produced before the court below. In her statement under Section 164 of the Code of Criminal Procedure, she has given a clean chit to the petitioner and asserted marrying with him and also expressed her intention to reside with him and other members of his family. It is submitted that she has already been released 2 from the Remand Home in favour of the petitioner’s father. Considering the facts and circumstances, specifically controversy as regards to age of the victim, for the present I am not inclined to enlarge the petitioner on bail. Hence, prayer is rejected. Simultaneously, the court below is directed to proceed expeditiously with the trial. Petitioner may renew the prayer before the trial court after examination of the victim who may preferably be the first prosecution witness. (Akhilesh Chandra, J.) AAhmad