IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11553 of 2010 RAM BABU SAHANI son of late Vijay Sahani Resident of village Chhoti Narwara P.S. Tariyani District Sheohar ……..Petitioner. Versus STATE OF BIHAR……………………..O.P. ----------- 2 28.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Tariyani P.S. Case No. 104 of 2008 dated 14.8.2008 registered under sections 363, 366A, 120 B/34 of the Indian penal Code. According to the prosecution case one Binita Kumari aged about 11 years, sister of the informant, was kidnapped by the petitioner and other co-accused persons for the purpose of her marriage with co-accused Sanoj Sahani. During the course of investigation the victim girl Binita Kumari was recovered and her statement under section 164 Cr.P.C. was recorded on 7th November, 2008 wherein learned Magistrate has assessed her age to be 13 years and the victim girl has claimed to be aged about 12 years. In her statement under section 164 Cr.P.C. vide annexure-2 the victim has clearly stated that she was kidnapped by the petitioner and other accused persons and was taken to somewhere in U.P. where she was repeatedly subjected to sexual assault by co-accused Sanoj Sahani. Learned counsel for the petitioner submits that petitioner happens to be neighbour of co-accused Sanoj Sahani and allegation of sexual assault is not against him and that is against Sanoj Sahani. It has further been submitted that some lady co-accused has been granted anticipatory bail, therefore, petitioner may also be extended similar privilege. - 2 - Learned counsel for the State has strongly opposed the prayer for anticipatory bail made on behalf of the petitioner and has pointed out that a minor girl aged between 11 to 13 years has been kidnapped by the petitioner and other accused persons and was subjected to repeated sexual assault. Taking into consideration the fact and circumstances of the case and taking into consideration the fact that petitioner is alleged to have participated in the offence of kidnapping of a minor victim girl who was subjected to sexual assault, his prayer for anticipatory bail is rejected. The petitioner must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed, then the same may be disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman