IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4565 of 2010 MD.KAMAL Versus STATE OF BIHAR ----------- 2 8.4.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Manihari P.S. case No. 135 of 2009 dated 8.10.2009 registered under section 376 of the Indian Penal Code. According to the prosecution case there is specific allegation of commission of rape against this petitioner. Statement of the victim girl was also recorded under section 164 Cr.P.C. where she has fully supported the allegation of rape committed by the petitioner. It is submitted by the learned counsel for the petitioner that with the intervention of common well-wishers the matter was compromised between the parties and petitioner has solemnized his marriage with the informant and they are living happily as wife and husband. He further submits that petitioner is prepared to keep the informant as his legal wedded wife with all dignity and honour. By referring to annexure-2, he submits that Nikahnama was prepared showing the valid marriage of the petitioner and the informant. Learned counsel for the State has opposed the prayer for anticipatory bail made on behalf of the petitioner on the ground that the informant appears to be minor. Be that as it may, in the facts and circumstances of the case, this court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is accordingly rejected. The - 2 - petitioner must surrender in the court within a period of four weeks from today and, if so advised may seek regular bail. If such a petition is filed, then the same may be disposed of on merit without being prejudiced by the present order. However, while considering the prayer for regular bail, the learned court below may secure the attendance of the informant and may verify from her about the factum of marriage between the petitioner and the informant. If the court below is satisfied about the voluntary and valid marriage between the informant and the petitioner then the prayer for bail made on behalf of the petitioner may be considered favourably. (Birendra Prasad Verma, J) M.Rahman