IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37453 of 2009 THARU HAWARI son of Bismillah Hawari @ Bismillah Mian, resident of village Sahadewa, P.S. Raxaul, District East Champaran… …Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. A.K. Thakur, Advocate, For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 05.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that the medical report does not indicate commission of any rape in the recent past upon the victim. It is stated that the petitioner has been falsely implicated due to enmity, which is apparent from annexure 2. Learned counsel for the State submitted that it is manifest from the order of the learned Additional Sessions Judge refusing the prayer for bail of this petitioner that in her statement recorded under section 164 of the Code of Criminal Procedure, the girl has fully supported her case of rape by the petitioner, who is also named in the first information report. 2 Having regard to the fact that the allegation against the petitioner is of committing rape upon a minor girl, I am not inclined to enlarge the petitioner on bail. This application is, accordingly, dismissed. SC ( Dr. Ravi Ranjan, J.)