IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43996 of 2008 SK.RATA son of Late Sk. Ahmad Resident of village- Bhataura, P.O. & P.S. Shikarpur District- West Champaran Versus STATE OF BIHAR ----------- 2 02.12.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under section 366, 366A & 120B of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has been implicated in this case falsely as he is neither connected with the co-accused Sahmi Khatoon nor with the accused with whom the daughter of the informant wanted to marry, and she left the house on her own. It is further submitted that this petitioner was standing outside the house of the informant with motorcycle on which the daughter of the informant was sitting and her mouth was closed with Dupatta. It is further submitted that the allegations have been levelled by the informant on the informant he is alleged to have gathered from making enquiry from the nearby persons and he has no personal knowledge of his own. It is further contended that during investigation nothing has come against the petitioner. It is also submitted that another co-accused namely, Rabri Begum has been - 2 - allowed anticipatory bail by this Court as per the order dated 18.09.2008 passed in Cr. Misc. No. 38027 of 2008. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that in view of the specific allegation against the petitioner which is serious in nature with regard to kidnapping of a minor girl the petitioner is not entitled to be granted the privilege of anticipatory bail. It is further submitted that the co-accused Rabri Devi has been allowed bail by this court taking into consideration her ailment of Kidney, and as such, petitioner can not take advantage out of the same. Considering the facts and circumstances of the case and the nature of allegations levelled against the 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.)