IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8685 of 2009 Jagat Yadav, Son of Swami Nath Yadav, resident of Village- Chandraha Rupwalia, Police Station Bathwariya, District- East Champaran ---- Petitioner Versus STATE OF BIHAR ----------- 2 05-05-2009 Petitioner Jagat Yadav, one of the F.I.R. accused of Chautarwa (Bathwariya) P.S. Case No.204 of 2008 registered under Section 366 (A) I.P.C., is in custody in connection therewith on the allegation that he kidnapped Sheela Kumari, the daughter of the informant Chanan Paswan. The victim girl in her statement recorded under Section 164 Cr.P.C. has stated about complicity of the petitioner in kidnapping her and also forcibly committing illicit intercourse with her. It is submitted on behalf of the petitioner with reference to Annexures 3 and 4 that the victim girl had filed a petition in the court saying that her statement under Section 164 Cr.P.C. was recorded under threat of the police and that she had entered into a compromise and filed a petition in that regard in the court. These are matters which can be pleaded at the time of framing of charge. So far as the question of the petitioner being released on bail is concerned, I am at the present moment, in view of the statement of the victim girl under Section 164 Cr.P.C., not inclined to release the petitioner on bail. He may, however, renew his prayer for bail after one year. NKS/- ( Abhijit Sinha, J )