IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15807 of 2009 RAJNANDAN SINGH s/o Shiv Ballam Singh, resident of village- Sonepur, P.S. Belaganj , District- Gaya. Versus STATE OF BIHAR ----------- 3 11.9.09 Petitioner apprehends his arrest in Belaganj P.S.Case no. 179/08 instituted . inter alia, under Section 376 and other Sections of the Indian Penal Code. The complainant alleges that the petitioner, who happens to be her Nandosi ( husband of complainant’s sister–in–law ), after the death of complainant’s husband , had been raping her for several days. Absurd it may look, she has reaffirmed her statement in the case diary. Learned counsel for the petitioner wants to refer the case diary to show that the allegations are false. The very fact that the complainant is residing in the house of the petitioner for several months during which she is alleged to have been repeatedly raped would show that in fact the dispute was something entirely different. In that view of the matter, these facts will be better appreciated by the court below, before whom the case diary is available, at the first instance. The petitioner may surrender in the court below (C.J.M., Gaya), within four weeks from today, and pray for regular bail , who will consider the same on its own merit without being prejudiced by this order of rejection. The application stands rejected. singh (Navaniti Prasad Singh,J)