IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44017 of 2008 ALOK BARDHAN @ HIMANSHU JHA son of Sri Nagendra Jha, Resident of Mohalla- near K-E Inter Road Kashipur, P.S.- Town, District- Samstipur Versus STATE OF BIHAR ----------- 2 24.10.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under section 366A/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that although in the first information report it is alleged that the second mobile mentioned therein bearing number 997312997 used by the petitioner, was used in connection with the alleged crime. It is further submitted that although the mobile number is of the petitioner, however from the statement of the victim under section 164 Cr.P.C. it appears that she had gone out on her own since the parents used to beat her. Learned counsel appearing for the State opposes the prayer for bail on behalf of the petitioner and submits that there is specific allegation implicating this petitioner in the alleged crime and the statement of the victim under section 164 Cr.P.C. should not be taken into consideration as the girl was minor, as assessed by the Court while recording her statement, although the victim - 2 - claimed herself to be major. Considering the submissions of the parties, and the nature of allegation levelled against this petitioner, I am not inclined to grant him the privilege of anticipatory bail. His prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)