IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23961 of 2009 NAGO YADAV, S/o Khirodhar Yadav, R/o Village – Bamuara, P.S. Halsi, Distt. Lackeesarai ………………………………………..….. Petitioner Versus THE STATE OF BIHAR …………………………….…. Opposite Party. ----------- 3. 07.10.2009. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused for the offences punishable under Section 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is variation in the statements of the victim girl made in the first information report and the statements recorded under Section 164 Cr.P.C. In the first information report she has stated that she was raped on gun point whereas in the 164 Cr.P.C. statements she has stated that the accused was armed with a pistol. It is also submitted that the medical report does not support the allegation made by the petitioner as there is no mark of any violence or rape. The petitioner has filed the concerned medical report by way of Annexure-3 appended to the supplementary affidavit wherein it has been stated that there is no evidence of rape though 2 intercourse cannot be ruled out. It is further submitted that the petitioner is in jail custody since 24.10.2008. It is also submitted that the requirement of recording statements under Section 164 Cr.P.C. also goes to suggest that the allegation as contained in the first information report was not enough. Learned counsel appearing for the State stated that the F.I.R. and the statements of the victim girl recorded under Section 164 Cr.P.C. sufficiently indicate towards commission of the offence of rape on a minor girl of the age of 15 years. Having regard to the facts and circumstances of the case and in view of the direct allegation against the petitioner of committing rape on a minor girl supported by her statements recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner for the present. This application for grant of bail is dismissed at this stage. dk ( Dr. Ravi Ranjan, J. )