IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51623 of 2008 SANJEEV RABBANI, Son of late Subba Lal, R/0 daniyawan, P.S. Daniyawan, District- Patna, At present at Gurki Mandi, P.S. Alamganj, District-Patna. Versus STATE OF BIHAR ----------- 2. 27.1.2009 Heard Sri Manoj Kumar Ambastha, Advocate for the petitioner and the learned A.P.P. for the State. The allegation against the petitioner is of having committed rape upon a four year old girl. The rejection order indicates that the material in the case diary as also medical report supported the allegation. The learned counsel appearing for the petitioner attempted to point out the improbabilities of the case besides the contradictions which might have crept in evidence of witnesses examined so far in the case and argued that it could be a case of extending the benefit of doubt to the accused. The travesty with the Bench is that the Bench is not hearing a trial nor it is expected to deliver a judgement on the innocence or guilt of the petitioner, it has to be done by the learned trial Judge who could be doing it within the four walls of law on appreciation of evidence. This court at this stage is merely concerned to find out whether there appears reasons to believe that the petitioner has committed some offence and considering that I do not find any reason to direct the release of the above named petition on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )