AB 1674/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Mr.R Ali, learned counsel for the petitioner. Also heard Mr. BS Sinha, le arned Additional Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioner namely, Saiful Marak @ Saiful Ahmed seeking pre-arrest bail apprehending his arrest in connection with Khetri Police Station Case No. 45 of 2011 under section 366(A) of the Indian Penal Code .Case diary has also been produced by t he learned Addl.P.P. The learned Addl.P.P. submits that as per the FIR, the victim is a minor girl an d she has not yet been recovered . On the other hand, the learned counsel for th e petitioner submitted that the victim girl is a major one and she has voluntari ly eloped with the petitioner and thereafter they have married and are living to gether. Since, the victim girl has not been recovered by the I.O., the prayer for antici patory bail is rejected. At the same time, the petitioner is directed to produce the victim girl before the I.O. within 3(three) days from today. On such produc tion, the I.O. shall record her statement under section 164 of the Cr.P.C. and also get the victim girl medically examined and thereafter produce the victim be fore a Judicial Magistrate to record her statement under section 164 Cr.P.C.. Th e learned Magistrate shall record such statement ensuring that such statement is not given under any duress or threat or influence of any person, if necessar y sufficient time for reflection to the victim girl shall be given. However, liberty is given to the petitioner to file fresh bail application for a nticipatory bail either before concerned Sessions Judge or before this Court aft er production of the victim girl and get her medically examined and after obtain ing her statement under section 164 of the Cr.P.C. With the aforesaid directions, the anticipatory bail application stands disposed of.