IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-15672 of 2011 DATE OF DECISION: June 01, 2011 Rajender @ Raja …..Petitioner versus State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Namit Gautam, Advocate for the petitioner .. RAJAN GUPTA, J.: (Oral) This is a petition under section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under sections 376/354 IPC vide FIR No.65 dated 22.4.2011 at police station Kharkhoda. Learned counsel for the petitioner has argued that from the allegations levelled in the FIR, offence of rape is not made out. According to him, allegation is merely that petitioner was called in the shop by the accused and her modesty was outraged. He thus submits that petitioner is entitled to concession of bail. I have heard learned counsel for the petitioner. A perusal of the order passed by Additional Sessions Judge, Sonepat, however, shows that the prosecutrix was subject to medical examination on the date of occurrence i.e. 22.4.2011 in which tear of about 1.5 cm on peritoneum extending to vaginal mucosal of posterior vaginal was detected by the doctor and there was fresh bleeding. Vaginal swab was thereafter taken and sent to FSL for examination. Crl.Misc.No.M-15672 of 2011 -2- Under the circumstances, argument of the counsel that it is a case of merely outraging the modesty of the prosecutrix is without any merit. The petition is hereby dismissed. June 01, 2011 ( RAJAN GUPTA ) pc JUDGE 2