IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54326 of 2007 CHAMRU YADAV Versus THE STATE OF BIHAR ----------- 3 14.5.2008 Heard learned counsel for the parties. The petitioner is an accused in a case under sections 366/34 and 376 (2)G of the Penal Code and section 3(x) of the Prevention of Attrocities Against SC/ST Act. The allegation in the F.I.R. is that in the mid night there was sound of few persons who scaled over the wall. After some time the informant opened the door and found that four persons were standing there. Two of them, namely, Manohar and Hriday threatened the informant with pistol and dragged his wife away. The lady has given her statement on 3.1.2006 in which she has stated that she was taken away by four persons and raped. Learned counsel for the petitioner submits that the case has been lodged due to enmity as the petitioner had not paid for the liquor that he had consumed in the shop owned by the informant’s family. It is submitted that the medical report does not show any sign of external injury which ought to have been there if the lady was raped by four persons. According to the learned counsel, the entire case is false and fabricated. It is submitted that the petitioner is in custody since 7.1.2007. Considering the allegations and the short period of custody, I am not inclined to grant bail to the petitioner for the present. This bail petition is dismissed. haque (Sheema Ali Khan, J.)