IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23144 of 2011 1. Satin Mandal @ Satindra Mandal, son of Lakeswar Mandal 2. Dinesh Mandal, son of Late Kusum Lal Mandal Both are resident of village – Parmanandpur, P.S. – Raniganj, 3. Prakash Mandal, son of Agam Lal Mandal, resident of village – Hingwa, P.S. – Raniganj. 4. Vijay Mandal @ Vijay Kumar Mandal, son of Hari Lal Mandal, resident of village – Bhadesar, P.S. – jogbani, district – Araria. -------- Petitioners. Versus The State Of Bihar -------Opposite Party -------- 02. 02.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Raniganj P.S. Case No. 175/2009 for the offences under Section 366(A)/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Araria. It is submitted that petitioner no. 3 Prakash Mandal has already been apprehended. Hence, prayer for anticipatory bail on his behalf has become infructuous. This case is instituted against three named accused, names of petitioners emerged in the statement of victim recorded under section 164 of the Code of Criminal Procedure as the persons 2 taking her away from lawful custody of the guardian. Other graver allegation has been attributed against non-petitioner Sanjay. Submission is that this is an afterthought statement since earlier in the statement under Section 161 of the Code of Criminal Procedure, the victim has not named the petitioner nor other persons claiming themselves as eye witnesses to the occurrence at the time of institution of the case have said anything against the petitioners. But considering the facts and circumstances especially statement of the victim a minor girl under section 164 of the Code of Criminal Procedure, this court is not inclined to enlarge petitioners on anticipatory bail. Accordingly, this application stands rejected. Rajeev/ ( Akhilesh Chandra, J.)