IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12594 of 2010 Md. Ashraf, son of Md. Asad, resident of Village- Logwa (Belwa), Police Station- Abadpur, District-Katihar. …….Petitioner. Versus The State of Bihar ……………………….Opposite Party. For the petitioner :- Mr. Md. Rahmatullah, Advocate. For the informant :- Mr. Shanshank Shekhar Jha, Advocate. For the State :- Ms. Suchita Yadav, A.P.P. ----------- 2. 11. 05. 2010. Heard the parties. In a criminal prosecution under Section 376 and allied offences of the Indian Penal Code, the petitioner is alleged to have committed rape upon the informant said to be aged about 14 years. It appears that on 12. 02. 2009, sexual assault was firstly made by the petitioner upon the informant and thereafter, that relationship continued for a longer time on the allurement by the petitioner that he would solemnise his marriage with the victim. The informant became pregnant and gave birth to a child. It is submitted by the learned counsel for the petitioner that F.I.R. has been lodged after a long and undue delay which creates a grave doubt about its genuineness. It is further submitted that there are apparent contradiction in the prosecution case as disclosed in the F.I.R. vide Annexure-1 and the complaint petition vide Annexure-2. It is also submitted that according to the finding of the Doctor she was assessed to be aged about 16 to 17 years. Learned counsel for the State and the informant have opposed the prayer for anticipatory bail. 2 From the material available on record, it appears that on the date of first occurrence on 12. 02. 2009, the informant was below 16 years of age. The informant claims to be aged only 14 years. In view of clause sixthly of Section 375 of the Penal Code, defining rape, since the informant was below 16 of years age on the date of first occurrence, therefore, even if sexually relation continued with her consent, the petitioner is apparently guilty for committing the crime of rape. Taking into consideration the facts of the case, prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in connection with Abadpur P.S. Case No. 05 of 2010 pending in the court of C.J.M., Katihar, within a period of four weeks from today and seek regular bail, if so advised. m.p. ( Birendra Prasad Verma, J.)