IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19063 of 2009 VIKASH KUMAR S/O-Chandra Bhushan Singh, R/O-Vill-Alipur, P.S.-Bakhtiarpur, Distt.-Patna. …………………………………………..Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 07.08.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offences under Sections 376(G)/323/379/34 of the Indian Penal Code. The informant while returning her house she was raped by this petitioner and others and at that time, two children were also in her lap. It is also alleged that some cash and ear-rings were also snatched from her possession. Submission is that the informant in her statement under Section 164 of the Code of Criminal Procedure has not only named two other persons but also this petitioner has been 2 named on account of enmity. The petitioner has surrendered himself on 16.10.2008 and he has been forwarded to judicial custody and since 17.10.2008 he is in custody. The implication is only on account of dirty village politics. The delay between the occurrence and report has not been explained. The allegation is of rape and no lady will go and named the petitioner without any cogent reason. Considering the allegation, I am not inclined to grant bail to the above name the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail if the informant does not support the prosecution case in course of evidence. kksinha/ (Shyam Kishore Sharma, J.)