IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42094 of 2009 MUKESH SINGH, Son of Vijay Singh, R/o village Tenua, P.S. Barahari District Rohtas at Sasaram ………….. Petitioner Versus STATE OF BIHAR ………. Opposite Party ----------- For the Petitioner : Mr. Ajay Kumar Thakur, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. -- 5 26.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 366(A) of the Indian Penal Code. As per allegation set up in the first information report, the petitioner has kidnapped the minor daughter of the informant aged about 12 - 13 years. Learned counsel for the petitioner submitted that it is a clear cut case of elopement along with the petitioner and consent of the girl was there. Learned counsel for the State submitted that the victim minor girl’s statement had been recorded under Section 164 Cr.P.C. and she has given a graphic account of occurrence how the petitioner has taken her at different places and even she was 2 subjected to forcibly sexual assault. It is further submitted that even in the medical examination doctor has assessed the age of the girl to be of about 15 years only. Having regard to the facts and circumstances and nature of allegation against the petitioner coupled with the fact that the victim girl has also stated that she had forcibly been taken of the petitioner and also subjected to sexual assault also, I am not inclined to grant bail to this petitioner. As a result this application is dismissed at this stage. Spd/- (Dr. Ravi Ranjan, J.)