IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10296 of 2009 Deepak Kumar Rajak @ Guja @ Deepak Kumar @ Guja, Son of Sri Dina Rajak, resident of Village- Lochna, P.S.-Punpun, District- Patna. . . . . . Petitioner. Versus STATE OF BIHAR ----------- 2/ 14.05.2009 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case which has been registered for the offences under Sections 366 and 366 A of the Indian Penal Code but it appears from the impugned order that after investigation charge- sheet has been submitted under Section 376 of the Indian Penal Code. According to the informant his daughter Narmita Kumari, aged 15 years was enticed away by the petitioner. Learned counsel for the petitioner has relied upon Annexure 2, which is a petition filed in the court of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif, in which the version of the victim has come that she was not threatened and the First Information Report was lodged by her father without proper verification of the facts. From the impugned order it appears that the victim has been examined under Section 164 of the Code of Criminal Procedure and in that statement she has alleged that she was alleged sexual assault by the petitioner, so charge-sheet has been submitted under Section 376 of the Indian Penal Code. From the impugned order it appears that the petitioner is trying to tamper with the evidence. Considering the statement of victim girl, recorded under Section 164 of the Code of Criminal Procedure, I am not inclined to grant bail to the petitioner. - 2 - Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail, if the victim in course of trial does not support the prosecution case. Uday/ (Shyam Kishore Sharma, J.)