IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38693 of 2008 1. CHANDRESHWAR PRASAD SAO 2. SAKALDEO SAO @ SAKALDEO PRASAD Both are S/o- Sone Lal Sao, R/o- Village Sautinia, P.S.- Parihar, District – Sitamarhi 3. MITHLESH DEVI W/o- Manoj Prasad, R/o- Village Pratap Nagar, P.S.- Sitamarhi, District - Sitamarhi Versus STATE OF BIHAR ----------- 2. 03.12.2008 Heard learned counsel for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioners. Petitioners are accused in a case registered for the offences under Sections 366(A), 376, 342 of the Indian Penal Code. The allegation in nutshell is to the effect that the son of petitioner no. 1 eloped with the victim girl who is aged about 14-15 years and later on, she was forcibly raped by son of the petitioner no. 1. Thereafter, she was alleged to have been married forcibly with son of petitioner no.1 in connivance with all the accused persons in the house of co-accused Manoj Prasad. Learned counsel for the petitioner submits that the present first information report was lodged by the victim girl and a complaint which was filed by - 2 - petitioner no.1 one day after lodging of the complaint which contradicts each other with respect to the dates. It is further submitted that so far petitioner nos.1 and 2 are concerned, who are father and uncle of the co- accused Pawan Kumar, the only allegation against them is that they washed SINDOOR over the head of the complainant and sent to her parent’s place. It is further submitted that petitioners have been implicated in this case falsely. Learned counsel for the State opposes the prayer for bail and submits that in totality, minor girl has been kidnapped, raped and later on forcibly got married by the accused persons and sent to her Naihar. As such, petitioners are not entitled to privilege of anticipatory bail. Considering the facts and circumstances of the case and the nature of allegation made in the first information report, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioners is rejected. Jagdish/- (Shailesh Kumar Sinha,J)