IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35768 of 2009 MD.PESKAR, S/O Late Azimuddin, resident of Village- Hatkola Dharampur, P.S. Manihari, District- Katihar.......................Petitioner. Versus 1. The State of Bihar. 2. Shanti Devi, W/O Raj Kumar Paswan, resident of Mohalla- Near D.S. College, New Colony, P.S. & District-Katihar....Opposite Parties. ----------- 02. 27.11.2009. Petitioner has moved earlier for grant of anticipatory bail which was rejected by order dated 25.08.2005. Counsel for the petitioner submits that a complaint case was instituted under Section 376 of the Indian Penal Code. Directly after the case was filed, the complainant had filed a petition before the C.J.M., Katihar, stating that this petitioner was not amongst persons who had committed rape. Counsel for the petitioner further submits that the complainant is not at all interested in pursuing the case and the petitioner would have to remain in custody for no fault of his. However, considering that the petitioner’s anticipatory bail application has earlier been dismissed by this court, I am not inclined to grant anticipatory bail to the petitioner. All these aspects will be considered at the time when the petitioner moves for regular bail. The anticipatory bail application of the petitioner is again rejected. U.K. (Sheema Ali Khan,J)