IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2992 of 2011 Mabud Ali, Son of Bharu Sheikh, resident of Village Mahanandpur, P.S. Chanchal, District Malda (West Bengal). ---------- Petitioner Versus The State Of Bihar. -------- Opposite Party ----------- 04/- 26.09.2011 Heard Mr. Bimal Kumar learned counsel for the petitioner and Mr. Chandra Sen Prasad learned Additional Public Prosecutor for the State, who is armed with the carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 376, 364, 366, 120B, 384 of the Indian Penal Code, is one of the named accused in this case, instituted on the basis of Complaint Case No. 2309 of 2009 with allegation of abducting the complainant with help of another, kept her confined for a substantial long period and committed gang rape, and subsequently, left her to her parent’s village. Submission is that in her statement recorded under Section 164 of the Code of Criminal Procedure, the victim is not stating about rape committed upon her, though, she has stated about keeping her for purposes of sale and the case was lodged after much delay. Learned Additional Public Prosecutor, who is armed with the case diary, pointed out that soon after released from captivity and on arrival, she lodged everything under Section 161 of the Code of Criminal Procedure, even under Section 164 of the Code of Criminal 2 Procedure she has said about ill treatment. Considering the facts and circumstances of the case, the petitioner appears not entitled for the privilege sought. Hence, the prayer of anticipatory bail of the above named petitioner in connection with Abadpur P.S. Case No. 7 of 2010, pending in the court of learned Chief Judicial Magistrate, Katihar, is hereby rejected. Praveen/- ( Akhilesh Chandra, J.)