IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9325 of 2009 DEEPAK KUMAR PANDEY @ DEEPAK MISHRA @ DEEPAK KUMAR MISHRA, SON OF KRISHNA CHANDRA PANDEY, RESIDENT OF VILLAGE CHAILABHAR TOLA KHARWA, P.S. MAJHAULIA, DISTRICT- WEST CHAMPARAN……………………………………………………PETITIONER. Versus THE STATE OF BIHAR………………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. Ram Kishun Prasad, Advocate. For the State : Mr. Parmeshwar Mehta, A.P.P. For the informant : M/s. Umesh Chandra Verma and Manoj Kumar, Advocates. ---------- 2. 11.5.2009. Deepak Kumar Pandey alias Deepak Mishra alias Deepak Kumar Mishra, one of the F.I.R. named accused of Majhaulia P.S. Case No.266 of 2008 is incarcerated since 7.10.2008 in connection therewith facing the allegation of offences under Sections 366-A and 379/34 I.P.C. The petitioner is said to have kidnapped a minor girl, namely, Noor Salina Khatoon, said to be aged about 12 years with intention to marry her. Statement of the victim girl recorded under Section 164 Cr.P.C. is that since she did not want to stay with her parents and was in love with the petitioner, she voluntarily left the house with the petitioner so that they could marry. The age of the victim girl, according to her mother, is about 12 years whereas she had herself claimed to be 19 years old in her statement under Section 164 Cr.P.C. On the other hand, her age as - 2 - assessed by the Magistrate while recording her statement under Section 164 Cr.P.C. 15 years and the medical report discloses her age to be between 14 to 17 years. In any event she was minor and had no option or freedom to exercise her freewill or volition. Even if the story as given by the victim is believed to be true the petitioner will face charge under Section 366-A I.P.C. In the aforesaid circumstances, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. P.S. (Abhijit Sinha,J)