IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33112 of 2011 Satendra Tiwary @ Satendra Tiwari, Son of Ram Sevak Tiwary, resident of Village Pipara Karnpura, P.S. Durgawati, District Kaimur at Bhabua. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 09/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary up to paragraph – 136 dated 31.05.2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 366-A read with Section 34 of the Indian Penal Code, is one of the named accused in this case of kidnapping of minor daughter of the informant, who on return after suffering long period of detention made her statement under Sections 161 & 164 of the Code of Criminal Procedure, stating everything happened with her at the instance of petitioner and others, stated that she was not only gang raped, but during the period her father was also killed. Submission is that during investigation majority of the witnesses did not name the petitioner, who also was in custody in connection with another case during part of some relevant time (without any specific detail) and taking into consideration, the police did not sent up the petitioner for trial, though charge-sheet was submitted against other co-accused including the full brother of the petitioner with whom, the victim had some sweet relationship, but the court below taking a different view took cognizance against the petitioner. Taking into consideration, the facts and circumstances of the case, specially, statement of the victim a minor girl aged about 15 years; petitioner appears not entitled for the privilege sought. Accordingly, prayer for anticipatory bail of the above named petitioner in connection with Durgawati P.S. Case No. 65 of 2010 (G.R. No. 720 of 2010), pending in the court of Chief Judicial Magistrate, Kaimur at Bhabua, is hereby refused. Praveen/- ( Akhilesh Chandra, J.)