IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1339 of 2010 RAJ KUMAR CHOUDHARY @ GUDDU Versus STATE OF BIHAR ----------- 2 6.4.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 127 of 2009 dated 21.4.2009 registered under sections 363, 366/34 of the Indian penal Code. According to the prosecution case this petitioner is alleged to have kidnapped the victim girl Chandani Kumari @ Pushpa aged about 14 years. On recovery of victim girl her statement under section 164 Cr.P.C. was recorded on 18th September, 2009 vide Annexure-2 wherein her age has been assessed by the learned Magistrate to be 14 years. The victim girl has also claimed to be aged about 14 years and a student of class-VIII. She has further stated that petitioner was having physical relationship with the victim girl. Even according to the medical report vide Annexure-5 the victim girl has been found to be minor aged about 17 years. By referring to Annexure- 4, learned counsel for the petitioner submits that matter has been compromised between the parties. But on perusal of compromise petition there is nothing to show that the petitioner is willing to solemnize his marriage with the victim girl. Learned counsel for the State has strongly opposed the prayer for anticipatory bail. In that view of the matter, the prayer for anticipatory bail made on behalf of the petitioner is rejected. Petitioner must surrender in the court below within a period of four weeks from today and seek regular bail,, if so - 2 - advised. If such a petition is filed, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman