IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27989 of 2008 SARFUDDIN Versus STATE OF BIHAR ----------- 2 28.08.2008 Heard learned counsel for the petitioner and the State. Petitioner, is an accused in a case registered for the offences under Sections 376 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on bare perusal of the allegations levelled in the first information report, it would appear that no offence under section 376 of the Indian Penal Code is made out. It is further submitted that the medical report also suggests that there is no sign of intercourse on the informant, however some injuries were found on the private part of the informant which correlate with the allegations. Learned counsel further submits that the present case has been lodged at the instance of the father of the victim who was himself a man of bad character since he was fined by the Gram Panchayat for making an attempt of rape on the wife of a co-villager namely Noor Jahan. Learned Addl. P.P. on the other hand submits that the alleged act on the part of the petitioner, who is - 2 - said to be the grand father of the victim, is serious and heinous in nature, and therefore, petitioner is not entitled to the grant of anticipatory bail. Considering the nature of allegations levelled against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)