IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40450 of 2009 JITENDRA YADAV @ JITENDRA KUMAR YADAV SON OF DEVENDRA YADAV, RESIDENT OF VILLAGE KHORIYA, P.S. PUPARI, DISTRICT SITAMARHI.--- PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- For petitioner : Mr.Murari Nr. Choudhary, Advocate. For the State : Mr. Ram Priya Sharan Singh, A.P.P. For the Informant : Mr. Vinod Kumar, Advocate. -------- 4/ 04.05.2010 Heard the parties. In a criminal prosecution for offence under sections 363, 366(A)/ 34 of the Indian Penal Code, there is specific allegation against the petitioner of kidnapping one Rani Kumari, a newly wedded sister of the informant. During the course of investigation aforesaid victim, Rani Kumari, was recovered and her statement under section 164 Cr.P.C. was recorded on 6th December, 2008 wherein she had fully supported the prosecution allegation against the petitioner and she further stated that she was subjected to sexual assault, not only by this petitioner but by other accused persons also. Learned counsel for the petitioner submits that allegations are false and in fact the alleged victim Rani Kumari was in love with the petitioner and she herself managed to escape with the petitioner. Aforesaid assertion made by learned counsel for the petitioner is emphatically denied by learned counsel appearing on behalf of the informant. - 2 - Be that as it may, in view of serious nature of allegation against the petitioner and in view of the statement of the victim girl recorded under section 164 of the Cr.P.C., supporting the entire prosecution case, the prayer for anticipatory bail is rejected. The petitioner must surrender in the court below within a period of four weeks from today in connection with Pupri P.S. No. 166 of 2008/ G.R. No.570 of 2008, pending in the court of S.D.J.M., Pupari ( Sitamarhi) and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J ) BTiwary/