IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52840 of 2008 BIRENDRA KUMAR SAH, son of Bhola Sah, resident of village-Daudnagar, P.S.- Vaishali, Dist.-Vaishali. Versus STATE OF BIHAR ----------- 02/ 04-03-2009 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. Submission of the learned counsel for the petitioner is that there is delay of five days in reporting the matter for lodging a case. There is no medical report regarding commission of rape. Admittedly the matter was informed after five days, so there was no probability of remaining of any sign of rape, specifically presence of semen and if threat was there, then there is no probability of any violence also. Nature of the act is such, in which a lady would agitate to inform the same. Though in such context the matter was reported after five days but at the stage prosecution case cannot be doubted. Any informatory petition though earlier can easily be taken to create a circumstance for committing such act. Accordingly, prayer for bail of the petitioner is rejected at the moment. AH/ ( Mandhata Singh, J. )