IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29065 of 2008 MUNNA KUMAR SAH @ MUNNA SAH Versus STATE OF BIHAR ----------- 4 15.10.2008 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Petitioner is in custody in connection with Majorganj P.S. Case o. 136 of 2007 (G.R. No. 2054 of 2007) for offences under sections 366, 366A & 376 of the Indian Penal Code. Contention of learned counsel for the petitioner is that it was a case of love affair and the petitioner had entered into matrimony with the girl and there is evidence to show that there was a kind of affair between the petitioner as well as the victim girl. But unfortunately for the petitioner, the statement made by the victim girl under section 164 Cr.P.C. does not support the line of defence or the reasoning being urged at the bar. It is a case where a minor almost 16 years of age has been physically lifted at the point of gun, later carried away to some cave nearby and then raped. If this is so, then it is difficult for the court to believe that it is a case of love affair and not a case of commission of crime in question In that view of the matter, the court is not inclined to enlarge the petitioner on bail. The regular bail application of the petitioner is rejected. Rajeev/ (Ajay Kumar Tripathi, J.)