IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43060 of 2009 BIKARAM PASWAN @ BIKARAM KUMAR S/O LATE MAHESH PASWAN, R/V/M- GHORGHAT, P.S.BARIARPUR, DISTRICT – MUNGER. Versus STATE OF BIHAR -- -----a---- 2 19.2.2010 Heard the learned counsel for the petitioner and the A.P.P. for the State. The instant case has been instituted on the basis of written statement of the informant, Kalpana Kumari before the S.P., Munger. She alleged therein that Deepak Kumar called her from her house and said that this petitioner has called her at Abhaipur. The informant as such went to Abhaipur with Deepak..Then it is alleged that this petitioner took her to Jamalpur and gave her fruit juice which blurred her senses. Thereafter she was taken on Maruti car to Ghorghat, where at a lonely place, she was raped by him. Learned counsel submits that the petitioner is a constable and talk of marriage was going on from before between them. He submits that the statement of the girl recorded under section 164 of Cr.P.C. is at variance with one in F.I.R regarding consuming of fruit juice. Learned counsel further submits that co-accused, Naresh Paswan has been allowed anticipatory bail vide order dated 16.11.2009 passed in Cr.Misc.No.34801/09. There is no allegation of rape against Naresh Paswan, whereas there is allegation against the petitioner of having sexually assaulted her. 2 The petitioner submits that medical report is not very clear about commission of rape. Regard being had to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected. However, the petitioner should surrender and pray for regular bail which would be disposed of preferably on the same day. AnilKr.Sinha (Samarendra Pratap Singh,J.)