IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46544 of 2009 1. SIKANDRA RAI,s/o Mahendra Rai 2. Darasia Devi, w/o Fekhan Rai 3. Chandeshwar Rai,s/o Brahmdeo Rai All are residents of village-Dhanari, P.S.-Sursand,District-Sitamarhi. .. .. Petitioners Versus THE STATE OF BIHAR.. Opp.Party ----------- For the Petitioners :Mr.Sudhir Kr.Jha,Advocate For the State :Mr.Umesh Lal Verma,Addl.P.P. ----------- 03/ 22-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Sursand P.S.Case No.72 of 2009 dated 10-05-2009, registered under Sections 366A of the Indian Penal Code. According to prosecution case, one Rinku Kumari, aged about 14 years, daughter of the informant was kidnapped by the accused persons including the petitioners for the purpose of marriage with co-accused Lakhindra Rai. Admittedly, till date the victim girl, Rinku Kumari, has not been recovered. Her statement has not been recorded either in terms of Section 164 Cr.P.C. or in terms of Section 161 Cr.P.C. and her whereabout is still unknown. On 02-04-2010 when the matter was heard, then a plea was taken by the learned counsel for the petitioners that the victim girl is still alive and she is living in Delhi and an undertaking was given that the victim girl shall remain physically present in Court. When the matter was taken up today i.e. 22-04-2010, despite the aforesaid undertaking the victim girl Rinku Kumari has not been 2 produced in the Court today and learned counsel for the petitioner has fairly stated that her whereabouts could not be traced out. In the aforesaid background, the prayer for anticipatory bail made on behalf of the petitioners is rejected. The petitioners 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. AH/ ( Birendra Prasad Verma, J.)