IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26933 of 2010 BABLU MANDAL @ BABLU KUMAR MANDAL Son of Lakhanlal Mandal, Resident of Village Bisare, P.S. Pranpur, District Katihar ……….Petitioner Versus THE STATE OF BIHAR ………Opposite party 02/- 17.09.2010 Heard learned counsel for the petitioner and Additional Public prosecutor for the State. Petitioner is named accused in this case, but on mere suspicion that he was reportedly seen gossiping at the time, near place of occurrence from where informant’s minor daughter was allegedly kidnapped. No doubt, the victim after recovery in her statement under Section 161 Cr.P.C. stated about her own willful conduct of leaving the house and calling of co-accused Ranjeet Mandal with whom she reportedly married. At this stage also petitioner’s name did not appear, but just after about five days she made her statement under Section 164 Cr.P.C., where in she has stated everything against the petitioner, who happens to be her 2 maternal uncle. In spite of such pious relationship, he as said not only committed rape with her, but provided same facility to co-accused Ranjeet Mandal. In spite of varying statement of the victim, in connection with Pranpur P.S. Case No. 44 of 2010 pending in the court of Chief Judicial Magistrate, Katihar, I do not find it a fit case for anticipatory bail. Accordingly, prayer is rejected. In case of surrender of petitioner and seeking regular bail, it shall be considered and disposed of on its own merit without being prejudiced by this order. Praveen/- ( Akhilesh Chandra, J.)