IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11648 of 2009 Ramu Sao, Son of Chandeshwar Sao, resident of Village- Bishambharpur, Police Station-Bihta, District-Patna Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.13023 of 2009 Mukesh Kumar Pandey @ Mukesh Baba, Son of Satayendra Nath Pandey, resident of Village- Bishambharpur, Police Station-Bihta, District-Patna Versus STATE OF BIHAR ----------- 2 19-05-2009 Heard Mr. Sushil Kr. Singh ( in Cr.Misc.No.13023 of 2009), M/S Soni Shrivastava (in Cr.Misc.No. 11648 of 2009), learned counsels for the petitioners, as also Mr.Jharkhandi Upadhaya, learned A.P.P. for the State in both cases. Cr.Misc.No.11648 of 2009 preferred by Ramu Sao and Cr.Misc.No.13023 of 2009 preferred by Mukesh Kumar Pandey @ Mukesh Baba are taken up together as they arise out of same Bihta P.S. Case No.152 of 2008 and having been heard together are being disposed of by this common order. Both these petitioners have been named as accused in the F.I.R. of Bihta P.S. Case No.152 of 2008 registered under Sections 341, 323,376 & 379 I.P.C.. The allegation against these two petitioners is that they forcibly overpowered the informant Sunita Devi while she was enroute from her Sasural for going to Pandey Chak on an auto-rikshaw and thereafter having taken her to an isolated - 2 - place, took turns in satisfying their carnal desire. Several issues have been raised by the learned counsel for the petitioners in both these cases. All these happen to be their defence. As against these submissions the statement of the victim recorded under Section 164 Cr.P.C. discloses in very vivid and lucid terms the manner in which she had been subjugated and the petitioners had taken turns to commit rape whereafter they left leaving her alone at the lonely field. It is true that the doctor does not appear to have found the sign of any rape in course of her examination, but the statement of the victim under Section 164 Cr.P.C. to the contrary has to be given preference and precedence. In the aforesaid circumstances, I am not inclined to enlarge the petitioners on bail. Their prayer for bail is accordingly rejected. NKS/- ( Abhijit Sinha, J )