IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28097 of 2008 DINESH SAHNI Versus STATE OF BIHAR ----------- 3/ 24.9.2008 Heard learned counsel for the parties. The petitioner is the sole named accused of a case in which it is alleged that he has raped the informant’s minor daughter aged about 11 years. The victim Rinku Kumari has been examined under Section 161 of the Code of Criminal Procedure and has supported the agony how she was raped by the petitioner. According to allegation, she was found unconscious and thereafter she was brought by two ladies who have also been examined under Section 161 of the Code of Criminal Procedure and they have supported the allegation. Submission is that the medical evidence does not support the allegation and there is no explanation as to why the matter was reported to police after four days of the occurrence. Further submission is that if the victim was found to be unconscious then she should have been brought to doctor for treatment but that was not done. It is also stated that prior to the occurrence, another daughter of the informant had lodged a case for offences under Sections 376 and 511 of the Indian Penal Code against other persons and the father of the petitioner has filed a complaint before the Chief Judicial Magistrate, Samastipur in 2007 against Udai Sahani and others and they have set up the informant to lodge the present false case. The defence taken by the petitioner is of remote in nature. The allegation is specific that the 2 petitioner has raped the minor daughter of the informant. The blood stained under-pant of the victim was produced before the police at the time of recording the F.I.R. Considering the allegation, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail before the court below after examination of the victim in trial. Tahir/- ( Shyam Kishore Sharma, J.)