IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14146 of 2010 BHUDEV PASWAN @ BALLO PASWAN @ BALLU,son of Narad Paswan, resident of Mohalla-Larkania Tola, P.S.-Katihar, District-Katihar... .. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioner :Mr.Rai Mukesh Sharma,Advocate For the State :Mr.Ramesh Chandra,Addl.P.P. ---------- 02/ 19-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 363, 366A and 120B of the Indian Penal Code, the petitioner along other accused persons are alleged to have kidnapped one Tulika Dayal, minor daughter of the informant, aged about 15 years. Admittedly till date the alleged victim girl has not been recovered, therefore, her statement either under Section 161 Cr.P.C. or under Section 164 Cr.P.C. has not been recorded. Learned counsel for the petitioner submits that the petitioner has solemnized his marriage with the alleged victim, but there is no legal material available on record to substantiate that claim. Be that as it may, in view of the serious nature of allegation of kidnapping of a minor girl by this petitioner and further in view of the fact that the victim girl is still traceless, the prayer for anticipatory bail of the petitioner is rejected. He must surrender in the court below in connection with Katihar Town P.S.Case No.399 of 2009 within a period of four weeks from today 2 and seek regular bail, if so advised. However, liberty is granted to the petitioner to produce the victim girl in the court below at the time of his surrender. If the victim girl appears in the court below at the time of surrender of the petitioner, the learned court below may get her statement recorded under Section 164 Cr.P.C. and may consider the prayer for bail of the petitioner in the light of the statement of the victim girl. AH/ ( Birendra Prasad Verma, J.)