IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35858 of 2009 ARVIND SINGH son of Maheshwar Singh, resident of villageMadhuban, P.S. Saraiya, District Muzaffarpur ..Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Yugal Kishore, Advocate. For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 26.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 363 and 366A of the Indian Penal Code. It is submitted on behalf of the petitioners that the first informant, the mother of the victim girl, had retracted from her statement by filing a petition, as contained in annexure 2, and a petition has also been filed on behalf of the victim girl, where she has not alleged anything against the petitioner. Learned counsel for the State submitted that it is manifest from the order passed by the learned Sessions Judge, Muzaffarpur, rejecting the bail petition of the petitioner that the victim girl’s statement had been recorded under section 164 of the Code of Criminal Procedure, wherein she had supported factum of her kidnapping by the petitioner along with one accused Lalan 2 Singh. She had further stated that they had also committed rape on her. The victim girl is stated to be minor of the age of 14-15 years. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. This application is, accordingly, dismissed. SC ( Dr. Ravi Ranjan, J.)