IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52878 of 2008 OM PRAKASH MANDAL son of Agnideo Mandal, resident of village- Khagraitha, P.S.-Hayaghat, Dist.-Darbhanga. Versus STATE OF BIHAR ----------- 3. 31.7.2009. Heard learned counsel for the petitioner and the State. The petitioner is sole named accused of a case which has been registered for the offence under section 376 of the Indian Penal Code. Informant is a girl aged about 14 years. She has described the manner in which the petitioner pounced upon her and raped her. Submission is that medical examination of the victim does not support that it was a case of rape. The witnesses have stated that it was a case of only molestation. Some witnesses have stated that there was land dispute with Ramchandra Mandal and so the victim has been set up to frame petitioner. It has also been submitted that in course of investigation of the place of occurrence crops were not trampled. So, allegation of rape is not supported. Plea of alibi has also been taken and it has been submitted that he works at Delhi, Punjab and Haryana and at the relevant time he was in Delhi. Law stands that no lady will frame any person with the allegation of rape. Victim is a girl aged about 14 years and there is no connection for strong motive to implicate the petitioner in a crime heinous in nature. Considering that nature of allegation I am not inclined to grant bail to the petitioner, Accordingly, his prayer for bail is rejected. Md.S. (Shyam Kishore Sharma,J.)