IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4622 of 2010 1.MD.ANJAR 2.Md. Mister, both are r/o village Puchagaon, P.S. Barsoi, Dist. Katihar ….Petitioners. Versus STATE OF BIHAR ----------- 3 8.4.2010 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in connection with Barsoi P.S. case No. 90 of 2009 dated 21.7.2009 registered under sections 366A, 376, 120 B of the Indian Penal Code. According to the prosecution case Shahin Shabnam minor daughter of the informant aged about 14 years was kidnapped by the petitioner no.1 with the help of petitioner no.2 besides others for the purpose of his marriage. Petitioner no.1 is alleged to have committed sexual assault upon the victim as a result of which she became pregnant. Learned counsel for the petitioners submits that subsequently petitioner no.1 solemnized his marriage with the victim and they are living like wife and husband. A girl child was also born from their physical relationship. He further submits that so far petitioner no.2 is concerned; there is no allegation of sexual assault on him. Learned counsel for the State has opposed the prayer for anticipatory bail and submits that the above named petitioners are specifically named in the FIR vide annexure-1 as accused with specific allegation against them. In the aforesaid facts and circumstances prayer for anticipatory bail made on behalf of the petitioners is rejected. They must surrender in the court below within a period of four weeks from today and - 2 - seek regular bail, if so advised. If such a petition is filed, then the same may be disposed of on its own merit without being prejudiced by the present order. However, while considering the prayer for regular bail made on behalf of the petitioners, learned court below may secure the attendance of the alleged victim Shahin Shabnam daughter of the informant and may record her statement. After examination of the victim girl, if the court below is satisfied about the voluntary and valid marriage between the petitioner no.1 and the victim girl and if it further comes to a finding that there are possibilities of survival of the aforesaid marriage , then in that case the prayer for bail made on behalf of the petitioners may be considered favourably. Let this order be communicated through fax at the cost of the petitioners. (Birendra Prasad Verma, J) M.Rahman