IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22437 of 2009 MITHUN RAVIDAS Versus STATE OF BIHAR ----------- 2 21.07.2009 Heard both sides. Petitioner seeks bail in a case instituted under Section 376 of the Penal code. As per allegation in the F.I.R, the victim (aged about 14/15 years) was alone at her house as the family members had gone to witness certain function organized on the eve of Holi. The petitioner lifted her and brought to a nearby dilapidated house where rape was committed on her. It is further alleged that when the family members went to question the petitioner he was found absconding from his house. Learned counsel for the petitioner submits that on medical examination, her age has been assessed between 16 to 17 years and that the doctor on the basis of medical examination has opined that no definite opinion about commission of rape can be given. It is further contended that petitioner is in custody since 23.03.2009. Learned counsel for the petitioner also placed emphasis on the application allegedly filed by the prosecutrix in the court below in the nature of a compromise. From the impugned order it appears that the witnesses have supported the prosecution case. Be that as it may, having regard to the allegations 2 and the materials collected in support thereof, this court does not find any merit in the application seeking bail. It is, accordingly, dismissed. Sym/ (Kishore K. Mandal, J.)