IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46100 of 2009 SHIV SINGH,son of Late Kedar Singh,resident of village-Narma,P.S.-Hathauri,District- Muzaffarpur. .. .. Petitioner Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioner :Mr. V.K.Singh,Advocate For the State :Mr. Ram Priya Sharan Singh, Addl.P.P. ----------- 03/ 11-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 376 of the Indian Penal Code, the petitioner is specifically alleged to have committed rape upon the informant, who is 12 years minor girl. In her statement under Section 164 Cr.P.C. also the victim girl (informant) had fully supported the prosecution allegation against the petitioner. Learned counsel for the petitioner submits that FIR was lodged belatedly after about ten days and the doctor did not find any injury on the private part of the informant. The petitioner is said to be retired Military personnel. Be that as it may, in view of the serious nature of allegation of commission of rape upon the minor girl, aged about 12 years, the prayer for anticipatory bail made on behalf of the petitioner is rejected. He must surrender in the court below in connection with Trial No.2812, arising out of Hathauri P.S.Case No.80 of 2007 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall 2 be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)