IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41381 of 2010 SATYENDRA YADAV @ ASHISH CHANDRA @ SANTOO Versus STATE OF BIHAR ----------- 03. 16.03.2011. Heard. The petitioner is not named in the FIR which was initially registered under Section 366A of the IPC but subsequently Section 376 of the Penal Code was also added to it. The statement of the victim was recorded, after he was released from captivity, by a Magistrate under Section 164 Cr.P.C and that is available in paragraph-8 of the case diary, as per which this petitioner did not only participate in kidnapping of the girl but also committed forcible sexual intercourse against her will on several occasions. The prayer for bail has been made on the ground that a similarly situated accused Amit Prakash has been admitted to bail by the Additional Sessions Judge-IX, Patna in B.P.NO.1146 of 2007. The court wishes to note that the learned Additional Sessions Judge, Patna was completely out of his jurisdiction in granting bail and appears not reading the 2 fact. The Sessions Judge, Patna is directed to issue a notice to the said accused Amit Prakash for cancelling his bail and hear the matter himself and pass an appropriate order. As regards the prayer for bail of the present petitioner, considering the facts, as already noticed, in the opinion of this court he could not be enlarged on bail. His prayer for bail is dismissed. B.Kr. ( Dharnidhar Jha,J.)