IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20167 of 2011 Md. Rakib Versus The State Of Bihar ---------------------------------- 3 24-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 07.03.2011 in a case registered under sections-376, 504/34 of the Indian Penal Code on the allegation that he committed rape upon the informant of the present case. The contention of learned counsel for the petitioner is that Medical Report of the informant does not support the allegation which is Annexure-3 to this petition. It is further contended by him that as a matter of fact, on the alleged date of occurrence, the family members of the informant attacked the house of the petitioner and not only assaulted the petitioner and his other family members but also committed theft of belongings of the petitioner and his other family members for which the petitioner filed Complaint case bearing Complaint Case No. 121 C of 2011 in which, the court after due inquiry, has found prima facie case true under sections- 323, 379 of the Indian Penal Code. Regard being had to the facts and circumstances of the case as well as submission of the parties; I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail 2 in connection with Palasi P.S. Case No. 10 of 2011 pending in the court of Chief Judicial Magistrate, Araria stands rejected at least, at this stage. AKV/- ( Hemant Kumar Srivastava,J.)