IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11680 of 2008 ASHOK KUMAR SINGH Versus STATE OF BIHAR ----------- 4/ 11.07.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The case under Section 364 of the Indian Penal Code was registered regarding kidnapping of the informant’s daughter Punam Kumari. It appears from the case diary that the victim was recovered and she has given her statement under Section 161 Cr.P.C. in which she stated that she was forcibly lifted and taken away after putting some clothes on her nose which made her immobile. She in her statement has stated that the petitioner has also raped her. Further in her statement under Section 164 Cr. P.C. she has not alleged about rape but she has stated that the petitioner has lifted her forcibly. Submission is that the victim has grown up girl and she has gone on her own desire. No force was used and she has given her statement under coercion by her parents. The victim has described the manner about her kidnapping and in her statement before the police she has alleged that she was raped also. Considering the allegation, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. However petitioner may renew his prayer for bail after examination of the victim in the Trial Court as witness. kksinha/ (Shyam Kishore Sharma, J.)