IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16761 of 2008 GOVIND YADAV @ GOVIND KUMAR YADAV Versus STATE OF BIHAR ----------- 3/ 03.07.2008 Heard learned counsel for the petitioner and the learned Addl. P.P. appearing for the State. This is an application for grant of anticipatory bail in Basopatti P.S. Case No. 41 of 2006 under Sections 376, 313 & 493 of the Indian Penal Code. Learned counsel for the petitioner submitted that though there is allegation under Sections 376, 313 & 493 of the IPC, but the doctor did not find any sign of rape and termination of pregnancy. The boy himself was 13 years old at the time of occurrence as it would appear from school leaving certificate (Annexure-3). Considering the nature of allegation and the fact that the girl has been stated to be of 16 years of age, I do not feel inclined to grant anticipatory bail to the petitioner. He may surrender before the court below and pray for regular bail on the grounds which have been taken here. The learned Judicial Magistrate concerned shall dispose of the application on merit of the case without being prejudiced by this order. DKS/ (Rekha Kumari,J)