IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8178 of 2010 RITESH SHARMA @ MUSAWA,son of Santosh Sharma,resident of village-Neoras,P.S.- Kudara,Dist.-Kaimur at Bhabua. Versus THE STATE OF BIHAR ----------- For the Petitioner :Mr.Rajani Kant Pandey, Advocate For the State :Mr. R.B.Roy `Raman’, Addl.P.P. ----------- 02/ 13-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Kudara P.S.Case No.96 of 2009 dated 01-07-2009, registered under Section 366/34 of the Indian Penal Code. According to prosecution case, one Khushbu Kumari alias Arti Kumari, daughter of the informant, aged about 13 years, had been kidnapped by the petitioner. It is submitted by the learned counsel for the petitioner that he and the aforesaid victim girl were having love affairs and, therefore, petitioner had solemnized his marriage with the aforesaid victim girl. In support of the marriage, he has annexed an affidavit sworn by the petitioner vide Annexure-4. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has submitted that the victim girl is still traceless. The claim of the petitioner, that the victim girl is major, has not been verified by the competent authority, as neither her statement under Section 164 Cr.P.C. has been recorded, nor she has been examined by the competent Medical Officer. 2 Annexure-4, the affidavit, has been sworn by the petitioner alone. There is nothing to show that even such affidavit was sworn by the victim girl also. In that view of the matter and in view of the fact that the victim girl is still traceless and has not been produced or recovered as yet, the prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. However, if the petitioner surrenders in the court below and produces the victim girl, then the court below may get her age determined by the duly constituted Medical Board and may get her statement recorded under Section 164 Cr.P.C. and thereafter decide the prayer for bail in accordance with law. AH/ ( Birendra Prasad Verma, J.)