IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18047 of 2008 VIJAY SAHNI Versus STATE OF BIHAR ----------- 3/ 05.08.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is a sole named accused of a case which has been registered under Sections 363/366/366A. The informant’s daughter was kidnapped and the petitioner was suspected to be involved in the case. The girl has been examined under Section 164 Cr.P.C. and she has stated that she was called from her house by the petitioner on the pretext that her mother was calling her while she was taken to her mother thereafter she became unconscious later on found herself in the house of the petitioner. When she requested the petitioner to send to her mother then she was threatened, later on she was recovered by the police. The petitioner has married with the victim. The victim cannot be said to be a minor lady. The description given by the medical report is enough to prosecution that she is a minor girl. The Court has found victim to be of 14 years though she has described her age to be of 12 years. The doctors have also found her to be of 15 to 16 years. The marriage of the petitioner with a minor cannot be resolved him from his offences. Considering the allegations, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. The petitioner may renew his prayer for bail in the Court below after evidence of the 2 prosecutrix in the Court. kksinha/ (Shyam Kishore Sharma, J.)