IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44420 of 2008 SONUS/O SHIYA LAL CHOUDHARY, R/O VILLAGE- LAKSHMIPUR, P.S.- SAKRA, DISTRICT- MUZAFFARPUR Versus STATE OF BIHAR ----------- 4 03/03/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is an accused of a case which has been registered under sections 366A, 120B/34 of the Indian Penal Code. The informant has alleged that his daughter Sujata Sinha was enticed away by the petitioner. In course of investigation the alleged victim was recovered and her statement under section 164 of the Cr. P.C. was recorded in which the court has assessed her age to be 15 years. In her statement the victim has stated that how she was taken away and the petitioner has established physical relationship with her. She has alleged that the petitioner used to rape her. Submission is that the victim was a consenting party. She has not made any protest in the way. The petitioner is in custody since 26.4.2008 and has no criminal antecedent. Consent of a minor is not a consent and in the statement before the Court the victim has stated that the petitioner used to exert force for commission of rape. Considering the above facts, I am not inclined to enlarge him on bail. Accordingly, his prayer for bail is rejected - 2 - presently. However, the petitioner is at liberty to renew his prayer for bail before the court below if the victim does not support her case during trial. avin (Shyam Kishore Sharma, J.)