IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33797 of 2008 NAGESHWAR RABIDAS, Son of Late Mahavir Rabidas, Resident of Village Kharhiya, Tola Kabar, P.S. Jhajha, District Jamui --------------Petitioner Versus 1. THE STATE OF BIHAR 2. ONKAR DAS, son of Late Sahedeo Das, Resident of Village Kharhiya, Tola Kabar, P.S. Jhajha, District Jamui --------------Opp. Parties ----------- 2. 24.10.2008 Heard the learned counsel for the petitioner and the State. The petitioner is an accused for an offence under section 376 of the Indian Penal Code in connection with Complaint Case No.408C/2007. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. Learned counsel further submits that the petitioner and the complainant are cousin brothers and they are on inimical terms. Prior to the lodging of the present case, earlier a complaint for an offence under section 376 of the Indian Penal Code was filed by the wife of the present complainant in which the petitioner on surrender was allowed bail by the trial court. The learned counsel for the State opposes the prayer for bail and submits that in view of the specific allegation of committing rape, the petitioner is not entitled to the privilege of anticipatory bail. 2 Considering the submissions of the parties and the nature of allegations attributed against this petitioner, I am not inclined to grant anticipatory bail to him. The application is, accordingly, dismissed. However, on surrender in case an application for regular bail is filed in the court below, the same would be considered on its own merits without being prejudiced by the present order. The order may be communicated to the Chief Judicial Magistrate, Jamui, in connection with Complaint Case No.408C/07 through fax at the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)