IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16690 of 2010 BIRU BABU MAHTO @ RANVIR KUMAR S/O Janardhan Mahto, R/O Vill Sakrauli, P.S. Cheriabariarpur, Distt Begusarai. ...........Petitioner. Versus THE STATE OF BIHAR .....Opp. Party. ----------- 03. 29.07.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. The petitioner is one of the name accused in this case initially instituted for the offence under Section 363/34 of the Indian Penal Code, carries allegation of taking away the daughter of the informant at about 11.00 p.m., when the prosecution side smelt occurrence made attempt to caught hold, but the petitioner and his associate succeed in their game. No doubt, there are some statements of the victim on affidavit stating against her father, who was tried to sent her to Ghanshyam Sah, but in statement under Section 164 Cr.P.C. of course recorded at her instance she has stated about her abduction and gang rape by petitioner and another, during period of abduction. From the order of the court below, it appears that age of the victim was assessed between 15 to 17 years by medical board. Considering the facts and circumstances of the case, I am not inclined to grant the privilege sought to the petitioner, accordingly the petition stands dismissed. Praveen (Akhilesh Chandra,J.)