IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3600 of 2009 SHYAM MAHATO SON OF BECHU MAHATO RESIDENT OF VILLAGE KHAWA,P.S.MEDENICHAUKI(SURAJGARHA),DISTT.LAKHISARAI Versus STATE OF BIHAR ----------- 2/ 5.3.2009 Heard learned counsel for the parties. The petitioner is an accused in a case which has been registered for offence under Section 366(A) of the Indian Penal Code. The informant Bichho Mahto has alleged that the petitioner had called his daughter Nilu Kumari aged 12 years and when she did not return, first information report was lodged after five days of the occurrence. The victim has returned and she in her statement under Section 164 of the Code of Criminal Procedure has stated that she was raped by the petitioner. The court has assessed the victim to be a minor and in medical examination also the doctor has opined her to be a minor aged 13 years. Learned counsel for the petitioner submits that no sign of rape was found during examination by the doctor and it is not a case of Section 366(A) of the Indian Penal Code because the informant himself has allowed the victim to go along with the petitioner. Allegation is that the petitioner has raped a minor girl. Considering this, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner, if so advised, may renew his prayer for bail before the court below if during trial the victim does not support the prosecution case. Tahir/- ( Shyam Kishore Sharma, J. )