IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42666 of 2008 DR.BHUTTU @ DR.FAJLE IMAM @ FAJLE IMAM, SON OF AZEEM, R/V MEENAPUR, P.S. DADWA(BALIA BELON) DISTRICT KATIHAR-------PETITIONER. Versus STATE OF BIHAR----------OPPOSITE PARTY. ----------- 04. 27.04.2009. Heard learned counsel for the petitioner and the counsel for the informant. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 363 and 366A of the Penal Code. He is named in the First Information Report as also in the 164 Cr.P.C. statement of the victim. It is submitted on behalf of the petitioner that 164 Cr.P.C. statement was recorded after the victim came to her residence on her own and was examined the subsequent day, in the circumstances, ought not to be relied upon in these proceedings. Let such submission of the counsel for the petitioner be considered if petitioner surrenders in the court below within four weeks from today and applies for regular bail, which should be considered in accordance with law without being prejudiced by the fact that this Court has not chosen to admit the petitioner to the privilege of bail in the event of arrest. This application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -