IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42493 of 2008 MD.OBAIDULLAH, SON OF MD. MUSTAKIM, RESIDENT OF VILLAGE-SALEHPUR BALHA, P.S.- SINGHIYA, DISTRICT- SAMASTIPUR…………………………….PETITIONER. VERSUS 1.THE STATE OF BIHAR 2. KHADIZA BEGUM D/0 MD. SAYEED, WIFE OF OBAIDULLAH RESIDENT OF MOHALLA-JAKARIYA COLONY SADOURA, P.S.-KAZIMOHAMMADPUR, MUZAFFARPUR, AT PRESENT VILLAGE-SALEHPUR, P.S.-SINGHIYA, DISTRICT- SAMASTIPUR. …………..OPPOSITE PARTIES. ----------- 2. 18.12.08. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Kazimohammadpur P.S. Case No. 201/06, G.R. No. 3112/06, registered under Sections 363 and 366 (A) of the Indian Penal Code. It is submitted on behalf of the petitioner that no offence is made out against the petitioner. Since the daughter of the informant had gone along with this petitioner willingly and thereafter, they have married and out of the said wedlock a child was born. It is further submitted that although the first wife of the petitioner had filed a case for offence under Section 498 A of the Penal Code in which the petitioner will facing proceeding. It is further submitted that daughter of the informant has appeared and filed a petition supporting the submission of the petitioner. Learned A.P.P. opposed the prayer for bail and submits that the allegation is of kidnapping the minor daughter of the informant for the purpose of marriage. Thereafter, the petitioner kept the daughter of the informant in a secret place. Opposite Party No. 2, who is daughter of the informant has - 2 - appeared and filed an affidavit supporting the submission of the petitioner. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner and his prayer for bail is hereby rejected. m.p. (Shailesh Kumar Sinha, J.)