IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52390 of 2008 SUBODH KUMAR CHAURASIA Versus STATE OF BIHAR ----------- For the petitioner : M/s A.K.Thakur & Amit Kumar Advocates For the State : Mr. Jharkhandi Upadhaya, A.P.P. --------- 4 09.04.2009 Heard learned counsel for Petitioner Subodh Kumar Chaurasia who is in custody since 24.5.2008 in connection with Kanti P.S. Case No. 221 of 2008 registered under sections 366A and 366/34 IPC. The petitioner is named in the FIR and the victim girl Puja Kumari in her statement under section 164 Cr.P.C. has categorically stated the role of the petitioner in kidnapping her. Though she does not allege of the petitioner having committed any overt act against her after she was kidnapped by him, the fact remains that the petitioner had kidnapped her. It also appears from the statement under section 164 Cr.P.C. that the victim girl has stated her age as 14 years and the Court has assessed her as 15 years. The learned counsel for the petitioner has submitted that the girl is a major in view of Annexure 2 which is the doctors’ report regarding the age of the petitioner after scientific examination had been conducted wherein she is opined between 17 to 18 years. Whether the girl is a minor or in between 17 to 18 years of age is immaterial since as per the statement of victim 2 recorded under section 164 Cr.P.C. she had been kidnapped by the petitioner . In that view of the matter I am not inclined to release the petitioner on bail, his prayer for bail is accordingly rejected. Spd/- (Abhijit Sinha, J.)