IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31616 of 2010 Prabhunath Mishra son of Late Ram Ashray Mishra, Resident of Mohalla Parti Tola, P.S. Town, District Muzaffarpur Versus The State Of Bihar 02/ 21.12.2010 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 366A/120B of the Indian Penal Code. He is named in the First Information Report along with Santosh Kumar and Rekha Devi and is alleged to have persuaded the victim girl to go along with Santosh Kumar. Aforesaid statement made in the First Information Report finds corroborated with the 164 Cr.P.C. statement of the victim girl contained in Annexure-2 to this application. Counsel for the petitioner, however, submitted that in view of the medical report assessing the age of the victim girl between 17 to 19 years, which is evident from Annexure-3 coupled with the fact that one co-accused, Rekha Devi has been admitted to the privilege of bail in the event of arrest by another Bench of this Court under orders dated 15.11.2010, passed in Cr.Misc. No.35098 of 2010, - 2 - this Court should admit the petitioner to the privilege of bail in the event of arrest so as to maintain consistency with the orders passed in connection with co-accused, Rekha Devi. Counsel for the State refuted the aforesaid submission. He states that from 164 Cr.P.C. statement of the victim girl, it does not appear that Rekha Devi persuaded the victim girl to go along with Santosh Kumar, petitioner, however, is said to have persuaded the victim girl to go along with Santosh Kumar and the submission of the counsel for the petitioner to maintain parity with the order passed in the case of Rekha Devi is nothing but travesty of justice and may be rejected. Counsel for the petitioner, in reply, submitted that close perusal of 164 Cr.P.C. statement would indicate that both Rekha Devi and the petitioner are alleged to have persuaded the victim girl to go along with Santosh Kumar and thereafter they also followed them on another rickshaw to bus-stand, in the circumstances, there is hardly any distinction between the case of co-accused Rekha Devi and the petitioner and similar treatment be allowed to the petitioner. From the order passed in the case of co-accused - 3 - Rekha Devi, it is evident that accused Rekha Devi is the wife of the petitioner and may have been admitted to the privilege of bail in the event of arrest by another Bench of this Court on the ground that she is a lady. Having considered the matter, I am of the view that petitioner above named should surrender in the court of Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 257 of 2010 within four weeks from the date of receipt of this order in the court below and thereafter apply for regular bail, which should be considered in the light of the order dated 15.11.2010 passed in the case of co-accused Rekha Devi preferably on the same day. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ (V.N. Sinha, J.)