IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41104 of 2008 RAMRAJ SAH Versus STATE OF BIHAR For the petitioner : Mr. Sanjeet Deokuliar, Advocate. For the State : Mr. Upendra Kumar, APP ----------- 3 23.12.2008 Heard. The petitioner seeks bail in a case instituted under sections 363 and 366A of Indian Penal Code. In the F.I.R., petitioner has been named. It is alleged that the petitioner alongwith one co-accused namely Uma Shankar Sah entered into the room and abducted the girl who is aged about 17 years. It appears that the girl came back home . Her statement was recorded on 5.9.2008 under section 164 Cr.P.C. in which she has described the entire happening that occurred with her. The said statement made under section 164 Cr.P.C. is on record as Annexure-2. It appears that the victim has definitely named the petitioner in her statement. Counsel for the petitioner submits that because of the village rivalry, petitioner has been named as an accused. In this connection, he draws attention of the Court to the averments made in paragraph no. 5 of the bail petition. It has further been submitted that there is no evidence/material available on record to suggest that she was ever subjected to sexual assault. It has further been submitted that the petitioner is in custody since 27.5.2008. - 2 - Having regard to the fact that the petitioner is named in the F.I.R. as well as in the statement recorded under section 164 Cr.P.C., this Court, for the present, is not inclined to admit the petitioner to bail. His application for bail stands rejected. pkj ( Kishore K. Mandal, J )