IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28773 of 2008 SHATRUDHAN RAI @ SHATRUGHAN RAI, SON OF BHOGRAJ RAI, VILLAGE LAKHAIPUR, P.S. PATEPUR, DISTRICT VAISHALI --- PETITIONER Versus STATE OF BIHAR ---- OPPOSITE PARTY For the petitioner : Mr. Shrinandan Prasad Singh, Advocate Mr. Ashok Kumar No. 1, Advocate For the State : Mr. Ram Anurag Singh, A.P.P. ----------- 2 22.6.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 9.6.2008 passed by the Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 117 of 2008 by which the Court below has dismissed the discharge application filed under Section 227 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that in the statement under Section 164 Cr.P.C. the victim lady has clearly denied that she was kidnapped from her house. On the basis of the aforesaid fact it is submitted that no case is made out against the petitioner. Learned counsel also submits that the statements made in the case diary by any other witnesses are not to be believed or cannot be relied upon, as it is the victim lady who has to either support or give evidence that she was not kidnapped by the petitioner or any one else. At this stage, the statement under Section 164 Cr.P.C. cannot be held to be sacrosanct. This application is accordingly, dismissed. Sanjay ( Sheema Ali Khan, J.)