IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21254 of 2009 JITU PATEL Versus STATE OF BIHAR ----------- 3 07.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Section 376 of Indian Penal Code. The allegation is that while the parents were away, the victim was subjected to rape by the petitioner. The age of the girl is disclosed in the F.I.R. is 12 years. Counsel submits that the medical report (Annexure-2) does not support the allegation. It is contended that the victim was found aged about 15-16 years. It is further contended that the matter has been compromised and appropriate application has been filed. It is stated that, at best, the case can be one under Section 354 and/or 376/511 IPC. He is in custody since 26.11.2008. Learned counsel submits that the trial has already begun in which the victim has already been examined as P.W. 5 and she has not supported the prosecution case. Learned A.P.P. opposed the prayer and submitted that the girl in her statement before the police has supported the allegation. Having regard to the allegation, this court is not inclined to admit him to bail. The prayer for bail stands rejected. 2 The petitioner is, however, granted liberty to renew his prayer for bail after six months if in the meanwhile the trial is not concluded. pkj ( Kishore K. Mandal, J. )