IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24266 of 2008 MOHD.JASHIM Versus STATE OF BIHAR ----------- 03- 28.8.2008 Heard learned counsel for the petitioner, Mr. Choubey Jawahar, learned APP, and Mr. Sanjay Sinha for the informant. The petitioner seeks bail in Dhaka PS Case No.15/2008 under Section 376 of the Indian Penal Code. According to the FIR lodged by the father of the victim girl, she had gone to graze the cattle, the petitioner took her away to a secluded place and raped her. 2. While pressing this application, learned counsel for the petitioner submits that face of the case is very bad, but there are inadequate materials in the case diary to implicate the petitioner. The medical examination of the girl also does not support the prosecution case. He is in custody since 17.3.2008. 3. Learned APP and learned counsel for the informant oppose the prayer and submit that in view of the gravity of the allegations, the petitioner does not deserve bail. The medical report is against the petitioner, and the petitioner has a criminal antecedent. They also submit that the case diary reveals that she was a girl of 14 years with height of 4’2”, even her private parts were under developed, and her salwar was soaked with blood and had stool in it. 4. I have perused the materials on record and considered the submissions of learned counsel for the parties. It is not a fit case in which the petitioner can be released on bail. The application is - 2 - accordingly rejected. ( S K Katriar ) mrl.