IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23657 of 2008 GUDDU SINGH Versus THE STATE OF BIHAR ----------- 2 08.07.2008 Heard learned counsel for the petitioner and State. The case was initially registered under Section 366A/34 of the IPC on the allegation that four persons including the petitioner have forcibly abducted the informant’s daughter in the mid- night and they were bolted the door from out side. It appears from the impugned order that the victim girl has given her statement under Section 164 Cr.P.C. With regard to factum of kidnapping she stated that the petitioner has also raped her. Submission is that he is in custody since17.11.2006. Considering the direct allegation of forcibly lifting away in the mid-night and thereafter her being raped, his prayer is rejected. He may renew his prayer in the court below if the victim does not support the prosecution case during the trial. Kundan/- ( Shyam Kishore Sharma, J.)