IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32180 of 2011 Raju Mallah Versus The State Of Bihar ----------- 02 14.10.2011 Heard learned counsel for the petitioner and the learned A.P.P for the State. The petitioner is an accused in connection with Buxar P.S.Case No. 166/2009 registered under Section 376 (G)/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that the victim informant Asha Kumari has been examined under Section 164 Cr.P.C on 24.06.09 and she has stated different story to the story that has been given in the F.I.R. It is also submitted that in view of the statement of the informant under Section 164 Cr.P.C, the police went at Lakhisarai but could not trace the house and ultimately she was sent to remand home. Learned counsel further argued that co-accused Ramashray Singh has been granted bail by this court in cr. Misc. No. 39633/2009 against him the allegation was also to entice the victim. The petitioner is named in the F.I.R and allegation 2 is that the informant Asha Kumari was carried acrossing the Ganga river where she was raped by the petitioner and some others, Annexure 2 appears to be the statement of the victim recorded under Section 164 Cr.P.c in which victim’s age was assessed 13 years. Under the facts and circumstances I am not inclined to grant bail to the petitioner at this stage, accordingly prayer for bail is rejected. Namita ( Rajendra Kumar Mishra, J.)