IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12330 of 2010 HARI SHANKAR RAM,son of Ram Kripal Ram, resident of village-Pajrawan,P.S.-Nuon, District-Kaimur. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Bikramdeo Singh,Advocate For the State :Mr.Jitendra Kr.Singh,Addl.P.P. ----------- 02/ 07-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 366A of the Indian Penal Code, the petitioner is alleged to have kidnapped one Soni Kumari @ Pinki, the daughter of the informant, who is said to be minor. The alleged victim has not been recovered till date and she is still traceless and, therefore, her statement has not been recorded either under Section 161 Cr.P.C. or under Section 164 Cr.P.C. Learned counsel appearing on behalf of the petitioner submits that in fact he has solemnized his marriage with the alleged victim Soni Kumari @ Pinki and in support of his assertion he has produced the affidavit annexed as Annexure-2. It is also stated that the petitioner and the alleged victim are living together like wife and husband and the victim is carrying a pregnancy. Be that as it may, in view of the serious nature of allegation and in view of the fact that in the eye of law till date the alleged victim is traceless, the prayer for anticipatory bail made on behalf of the petitioner is rejected. He must surrender in the court below in connection with Ramgarh P.S.Case No.102 of 2009 2 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall be considered and disposed of on its own merit without being prejudiced by the present order. However, liberty is granted to the petitioner to produce the alleged victim before the learned Magistrate and on such production the learned Magistrate may get her statement recorded under Section 164 Cr.P.C. and thereafter in the light of her statement, the prayer for bail made on behalf of the petitioner may be considered. Let the order be communicated through fax at the cost of the petitioner. AH/ ( Birendra Prasad Verma, J.)