IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26072 of 2011 Md. Sadeque Versus The State Of Bihar ----------- 03 14.10.2011 Heard learned counsel for the petitioner and the learned A.P.P for the State. The petitioner is accused in connection with Baisi P.S.Case No. 159 of 2010 registered under Sections 366,376/34 of the Indian Penal code and ¾ of the SC/ST Act. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in this case due to grudge and enmity due to dirty village politics. Moreover, the informant/victim has filed an application in the court of C.J.M on 20.08.2010. In the compromise the case with averment that due to misunderstanding and confusion false case has been lodged. The learned APP opposed the prayer of the bail and with, submission that while the petitioner has about filing the compromise petition on 20.08.2010, but from the perusal paragraph 35 of the carbon copy of the case diary, it appears that the statement of the victim under Section 164A Cr.P.C has been recorded on 5.10.10 which she has supported the 2 allegation of rape as made in complaint petition against the petitioner. On perusal of the F.I.R as well as the case diary it appears that there is allegation against the petitioner of rape entering in the house with informant Rubi Devi on the point of arm she has also supported the allegation of rape in her statement recorded under Section 164 Cr.P.C on 5.10.10. Under the facts and circumstances I am not inclined to allow the prayer for bail. Accordingly the bail application is dismissed. Namita ( Rajendra Kumar Mishra, J.)