IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4844 of 2009 MD. ABBAS @ MAULVI MD. ABBAS S/O MD. MOTI, R/O VILLAGE- GIDARGANJ, P.S.- ANDHRATHARHI, DISTRICT- MADHUBANI Versus STATE OF BIHAR ----------- 2 24/03/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is sole named accused of a case which has been registered under sections 363, 372 of the Indian Penal Code and after investigation charge sheet was submitted under section 376 of the Indian Penal Code also. The petitioner is the father of seven children. He was teaching the informant’s minor daughter. She was allegedly taken away by the petitioner. In course of investigation the informant’s daughter has been examined under section 164 of the Cr.P.C. in which the court has assessed her age 15 years. She in her statement in the court has stated that the petitioner on the point of dagger committed rape. She has narrated the manner of torture committed by the petitioner. Submission is that the victim has been medically examined and the doctor has assed her age to be 18 years and considering the plus minus the victim appears to be major. Considering the allegation against the petitioner, I 2 am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. avin (Shyam Kishore Sharma, J.)