IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45555 OF 2008 MD.IFTEKHAR @ MD. IFTAKHAR, SON OF MD. ILYAS, RESIDENT OF VILLAGE MADHOPUR SULTANPUR, POLICE STATION RUNNISAIDPUR, DISTRICT SITAMARHI VERSUS 1. STATE OF BIHAR 2. SHAHANA KHATOON, WIFE OF MD. ASHIQUE OF VILLAGE MADHOPUR SULTANPUR, POLICE STATION RUNNISAIDPUR, DISTRICT SITAMARHI …………….. ………………..OPPOSITE PARTIES ********* 2 16.12.2008 Heard learned Counsel for the petitioners and learned Counsel for the State. The petitioner apprehends arrest in a police case under Section 376 of the Indian Penal Code. The defence of the difference in age between the alleged victim and the petitioner does not impress this Court when the impugned order of rejection from the case diary confirms that she had conceived. The application is rejected. If any application for regular bail is filed before the Court below on his behalf, the same shall be considered on its own merits without being prejudiced with the present order. Anand ( Navin Sinha, J. )