IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19965 of 2009 SHATRUGHAN PRASAD SINGH @ SONA SINGH, SON OF BIRENDRA KUMAR SINGH, RESIDENT OF VILLAGE-SIRSA, P.S. MOTIHARI MUFASSIL, DISTRICT-EAST CHAMPARAN AT MOTIHARI. …………………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR………………………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Pramod Mishra, Advocate. For the State : Mr. C. Jawahar, A.P.P. --------- 3. 5.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner has been made accused in a case under Section 376 of the Indian Penal Code. As per the allegation in the First Information Report, petitioner has committed rape upon the minor girl. It is submitted on behalf of the petitioner that allegation of rape is not supported by medical report as the doctor has medically examined the victim and found the signs of only attempt of rape. It is further submitted that the petitioner is in judicial custody since 17.1.2009. It is also submitted that the materials collected during investigation suggest that the petitioner was in his sasural on the date of occurrence. Learned A.P.P. for the State submitted that the petitioner had committed rape upon minor girl. In view of the aforesaid facts and the medical report which - 2 - shows the sign of attempt of rape upon the minor girl by the petitioner, I am not inclined to enlarge the petitioner on bail at this stage.. As a result, this application is dismissed. However, the petitioner, if so advised, may renew his prayer for bail after six months. P.S. (Dr. Ravi Ranjan,J)