IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3456 of 2010 CHANDAN SAO, son of Krishna Sao, Resident of village Bahadurpur, P.S. Bakhtiyarpur, District Patna ……. Petitioner Versus STATE OF BIHAR …….. Opposite Party ----------- For the petitioner : Mr. Ram Adya Singh, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------ 5 26.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 366(A) and 376 of the Indian Penal Code. As per the allegation, as set up in the first information report, the petitioner has allegedly abducted the minor daughter of the informant. Subsequently, the girl was recovered next day and her statement has been recorded under Section 164 Cr.P.C. Learned counsel for the petitioner submits that in fact there was love affair between the petitioner and the girl, which stand corroborated by the statement of few witnesses recorded under Section 161 Cr.P.C. It is further contended that from the medical examination factum of commission of rape could not be ascertained 2 and the age of the girl has been assessed above 18 years. Learned counsel on behalf of the State on the other hand submitted that the girl has categorically stated in her statement under Section 164 Cr.P.C. that she had been kidnapped by the petitioner and kept in confinement and he had also committed rape upon her. It is also pointed out that girl has given her age to be of about 13 years, whereas the learned Magistrate has assessed her age of about 16 years. Having regard to the facts and circumstances of this case and taking into consideration the fact that the victim girl, in her statement recorded under Section 164 Cr.P.C. soon after her recovery by police has made allegation of kidnapping, confinement and rape against the petitioner, I am not inclined to grant bail to this petitioner for the present. As a result this application is dismissed at this stage. Spd/- (Dr. Ravi Ranjan, J.)