IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22399 of 2011 Md. Sahabuddin Versus The State Of Bihar ----------- 03/ 19.09.2011 Power is filed on behalf of the informant. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 7.4.2011 in a case registered under sections 363, 342, 328, 376(2)(G), 307/120B of the IPC. It is the specific case of the informant that his daughter aged about 12 years was taken away and subsequently, the petitioner and other FIR named accused persons committed gang rape on her. Learned counsel for the petitioner points out that no sign of injury was found in medical examination of the victim and furthermore, victim was examined under section 164 of the Cr.P.C, she has not named the petitioner in the said statement. It is also pointed out by him that, as a matter of fact, this false case has been brought by the informant on account of land dispute with his step- brother. Learned counsel for the informant points out that the petitioner was put on test identification parade and victim claimed to identify the petitioner in the above stated test identification parade. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, I am not inclined 2 to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Kotwali P.S. Case no. 150/2011 pending in the court of the Chief Judicial Magistrate, Patna is, hereby, rejected. shahid (Hemant Kumar Srivastava,J)