IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30492 of 2008 UMESH KUMAR YADAV SON OF RAJ NARAYAN YADAV RESIDENT OF VILLAGE KHAJURIA BIRTI TOLA,P.S.SIDHWALIA,DISTRICT GOPALGANJ Versus STATE OF BIHAR ----------- 5/ 30.3.2009 Heard learned counsel for the parties. Though there is general allegation against five named accused persons that they have kidnapped the informant’s daughter but in course of investigation, the victim has been recovered and she in her statement under Section 164 of the Code of Criminal procedure has described as to how she was taken away by the accused persons and one of them, namely, the petitioner has committed rape upon her. Submission is that the victim was major and the medical report does not corroborate the factum of rape. The victim is always a best witness of the occurrence and the victim of this case has described in her statement under Section 164 of the Code of Criminal Procedure as to how she was taken away, kept at different places and was raped by the petitioner. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)