IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25659 of 2008 RIKKI KUMAR SINGH @ RINKI KUMAR SINGH Versus STATE OF BIHAR ----------- 2. 9.7.2008 Heard. The prayer is for bail in a case under Section 376 IPC. The victim had lodged the report and she had supported her case in her statement under Section 164 Cr.P.C. However, while being examined during trial in Sessions Trial no.57 of 2008 she resiled from her earlier statement and on this ground the prayer has been made. I have great reluctance in acting upon the statement recorded by the Additional Judge during the course of trial for two reasons, the Public Prosecutor is not acting as per the practice of law. He did not cross-examine the victim Lalsa Kumari by drawing her statement to her previous statement made under Section 164 Cr.P.C. Worst was that the Judge who was recording the evidence of the victim also abdicated his judicial function and acted as if he may not be aware of his even proceedings. Could it not be a case of manoeurving things in the lower court so as to getting away from justice. At any rate, I am not inclined to release the petitioner on bail. Petition is dismissed. Let this matter be placed before the Hon’ble Inspecting Judge of Saran Judgeship for necessary action. B.Kr. ( Dharnidhar Jha, J. )