IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1961 of 2009 Naushad Khan @ Naushad Ahmad, Son of Sayad @ Sayaid Hussain, Resident of Village- Nayla Rai Kerana, P.S. Kerna, District-Muzzafar Nagar ( U.P.) --------------- Petitioner Versus STATE OF BIHAR ----------- 3 17-04-2009 Heard learned counsel for petitioner Naushad Khan @ Naushad Ahmad, one of the F.I.R. named accused of Kishanganj P.S. Case no.285 of 2007 registered under Sections 363,366A I.P.C. on the basis of the written statement given by Ganga Prasad Sonar who has alleged that his minor daughter Rina Kumari , aged 13 years , had been kidnapped by the petitioner in association of the other co-accused . It has been submitted by the learned counsel for the petitioner with reference and reliance on the statement of the victim girl recorded under Section 164 Cr.P.C., which is appended as Annexure-2 to the petition that the girl herself had stated before the court that she out of her own free will and volition had left the house to solemnize marriage with petitioner Naushad and that she was living happily with her husband and that it was not a case of Naushad having kidnapped her. The story of marriage was sought to be supported by the Marriage Certificate, which has been appended with the petition as Annexure-3, to show that the marriage had been performed on 20.11.2007. From the statements of the victim girl recorded under Section 164 Cr.P.C. , it is apparent that the court assessed her age as 15 years and she herself disclosed her age as 15 years wherein she has declared herself as Rina Kumari, the daughter of Ganga Prasad Sonar and has signed the - 2 - same as Rina Kumari. This would only show that she is a minor who under the law was not entitled to express her free will and volition and, therefore, her statement does not have any value in the eye of law. That apart, a fraud was sought to be committed in the court by filing document in Urdu purported to be the Marriage Certificate of said Rina Kumari with the petitioner. The translator from the Translation Department of this Court was called for and he was made to read the Urdu document in the open Court. The document disclosed that the marriage had been solemnized between one Naushad Ahmad s/o Syed Ahmad , aged 28 years and one Tamanna Begum , daughter of Abu Salim of Katihar. The document is neither signed nor bears the seal of Imarat-e-Sharaiah , both of which are pre-requisite to make the documents valid and genuine. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner as from the statements made above he is liable for the offence of kidnapping of Rina Kumari and also perhaps may also now liable for having committed fraud in the Court by producing false documents in his favour. Accordingly, the prayer for bail is rejected. NKS/- (Abhijit Sinha, J.)