IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27668 of 2008 MD. SHARIF ANSARI @ SHARIF ANSARI Versus STATE OF BIHAR & anr ----------- 3. 26.11.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. No one appears on behalf of opposite party no. 2 despite valid service of notice. The defence of false implication is based on the submission that both the petitioner and the alleged victim are 60 and above years of age. The allegations are direct under Section 376 of the Penal Code where the informant describes herself as 35 years of age. No materials have been placed n record to enable this Court to make up its mind on the aspect of advanced age urged of the petitioner and the opposite party no. 2 in support of false implication. This Court therefore finds it difficult to grant any relief of anticipatory bail. This application is rejected. Any application for regular bail on behalf of the petitioner shall be considered by the court below on its own merit including the aspect of advance age of both sides if materials to that effect be placed before the court below to be decided without being prejudiced by the present order. Snkumar/- (Navin Sinha,J.)