IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36330 of 2009 RAGHUNATH PRASAD, S/O LATE CHIRKUT SAH @ CHIRKUT PRASAD, R/O VILL - KHAIRIMAL , P.S. - PIPRAKOTHI , DISTT - EAST CHAMPARAN AT MOTIHARI …………………………………………………... PETITIONER Versus THE STATE OF BIHAR ……………………. OPPOSITE PARTY. ----------- For the petitioner:- Mr. Mukesh Kumar Singh and Dr. Amrendra Kumar, Advocates. For the State:- Mr. Akbar Ali, A.P.P. For the Informant:- Mr. Sharda Nand Mishra, Advocate. ----------- 3. 10.12.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner has been made accused in this case only on the basis of the fact that when his Identity Card was shown to the victim girl, she allegedly identified him to have committed rape upon her. Petitioner is stated to be in custody since 10.07.2009. It is further submitted that some witnesses during the course of investigation have stated that rape was committed by somebody else than the petitioner. It is also submitted on behalf of the petitioner that in the supervision note the Dy.S.P. on consideration of the materials collected during the course 2 of investigation has found the case to be suspicious. Learned counsel for the State submitted that heinous crime of rape has been committed upon a minor girl of 8 years and the girl has also identified the photograph of the petitioner in his Identity Card and, on this basis, the police has roped this petitioner with the commission of rape upon the victim minor girl. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner as he has been said to be identified by the victim girl as per the case set up in the first information report. As a result, this application is dismissed. dk ( Dr. Ravi Ranjan, J. )