IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12030 of 2010 NAGESHWAR RAI SON OF LALDEO RAI, RESIDENT OF VILLAGE DIGHI NAYA TOLA, POLICE STATION HAJIPUR SADAR, DISTRICT VAISHALI. --- PETITIONER. Versus STATE OF BIHAR ----------- For the petitioner: Mr. Sudhir Singh, Advocate. For the State : Mr. Amitesh Kumar, A.P.P. ------ 2/ 03.05.2010 Heard the parties. In a criminal prosecution, for the offence under section 366(A)/34 of the Indian Penal Code, the petitioner is alleged to have kidnapped one Rubi Kumari, daughter of the informant. It is submitted by learned counsel for the petitioner that even according to the prosecution case the petitioner and the informant are closely related. The petitioner and alleged victim are brother-in-law and sister-in-law in relation and, therefore, they developed love affairs. Subsequently, it is stated that petitioner solemnized his marriage with the alleged victim. However, from the materials available on record it is admitted position that the statement of the victim girl has not been recorded either by the police or under section 164 Cr. P.C. and the victim girl is still traceless. In that view of the matter, the prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below in connection with Hajipur Sadar P.S. Case No. 250 of 2009, pending in the court of Chief Judicial Magistrate, Vaishali within a period of four weeks from today and, if so advised, seek regular bail which shall be consider and disposed of on its own merit without being prejudiced by the present order. However, in view of the statement made by the petitioner that alleged victim has solemnized her marriage with the petitioner and they are living like wife and husband, therefore, liberty is granted to the petitioner to produce the victim girl in the court below on the date of surrender. Learned Magistrate may record the statement of victim girl and if he is satisfied about valid and voluntary marriage, then he may decide the prayer for bail made on behalf of the petitioner in accordance with law on the basis of the material available on record, particularly by looking to the statement of the victim girl. ( Birendra Prasad Verma, J ) B.Tiwary/