IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32761 of 2008 1 SUBODH MAHTO son of nantun Mahto 2 Anil Mahto son of Nandan Mahto both resident of village Beergaon, P.S. Murliganj, Dist.Madhepura. Versus STATE OF BIHAR ------ For the petitioners : Mr. S.P.Singh No.1, Advocate. For the State : Mr. Upendra Kumar A.P.P. ------- 3 10.11.2008 Heard learned counsel for the petitioners and the State. Petitioners are facing prosecution under sections 366(A)/363 of the Indian Penal Code. Learned counsel for the petitioners submits that it appears from the statement of the girl recorded under section 164 Cr.P.C. that the accused persons have taken her to Cinema Hall for watching cinema. In case she was kidnapped, she had ample opportunity to raise alarm there which she never did. There is nothing specific against the petitioners and it appears that the girl has gone with the accused persons at her own free will. Further submission is that petitioners are in jail custody since about last eight months. Learned counsel for the State submits that of course the girl has stated that she was taken to Cinema for watching the cinema by the accused persons but at the same time she has also stated in her statement recorded under section 164 Cr.P.C. that she was taken forcibly by the accused persons and she was rapped by all of them. - 2 - In the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail for the present. The prayer for bail is rejected at this stage. (Dr. Ravi Ranjan, J) Rahman/