IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4820 of 2010 YOGI YADAV Versus STATE OF BIHAR ----------- 2 9.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Kaluahi P.S. case No. 65 of 2009 dated 11.7.2009 registered under section 363, 365/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the manner of occurrence as disclosed in the first information report vide Annexure-1 and the manner of occurrence as disclosed by the victim girl in her statement under section 164 Cr.P.C. vide Annexure-2 are to some extant contrary and, therefore, the entire prosecution case may be disbelieved. Learned counsel for the State has pointed out that the petitioner is specifically named in the FIR as accused and the statement of the victim girl Sameena Khatoon was also recorded under section 164 Cr.P.C., where she has not only supported the allegation of kidnapping but she has also stated that she was raped by three persons including the petitioner. In that view of the matter, the prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a bail petition is filed, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birender Prasad Verma, J) M.Rahman - 2 -