IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22381 of 2008 SHANKAR MANDAL Versus STATE OF BIHAR ----------- 3/ 18.07.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Initially a complaint case was filed on 12.03.2008 with regard to an occurrence dated 10.03.2008 under Sections 365, 366, 323, 504/34 of the Indian Penal Code then Sections 3(X)(XI)(XII) of Prevention of Atrocities of Scheduled Castes and Scheduled Tribes Act. Allegation is that the accused persons including the petitioner have taken away the informant’s daughter Rubi Kumari. In course of investigation Rubi Kumari has been examined under Section 164 Cr.P.C. and she has stated in her statement that she was kept beside a rest house and she was continuously raped by the petitioner. Submission is that implication is on account of pending enmity from before. Entire family members of the petitioner have been implicated. There is delay in lodging the case. The delay is not so long. The case was initially registered under Section 376 of the Indian Penal Code but in view of the statement of the prosecutrix the case has taken another turn. The case is solely against the petitioner. Considering all the allegations against the petitioner, I am not inclined to enlarge him on bail. Accordingly his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)