AB 139/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Mr. MA Shiekh, learned counsel for the accused petitioner and Mr. B S Sinh a, learned Addl.Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioner namely Md. Aminur Rahman seeking pre-arrest bail apprehending his arres t in connection with Gossaigaon Police Station Case No. 171 of 2010 under secti ons 366(A)/376/34 of the Indian Penal Code . Perused the case diary. The prosecution case is that on 26.07.2010, the petitioner accompanied by one C hoto took three teenager girls in a nearby jungle and outraged their modesty. Mr. Sheikh, learned counsel submits that a false case has been lodged and this c an be examined from the medical examination report of the victim girl. According to the learned counsel, if the doctor does not find any evidence of se xual intercourse that would be enough to hold that a false case has been made. In the bail application, it has been stated that the informant has land dispute with the accused No.2 ( not with the present petitioner) and since the petitione r had some time helped the accused No.2, he must have been involved in the prese nt case. Apparently, no details of the land dispute with the accused No.2 are gi ven in the Bail application. At the same time, it is the settled position of law that positive medical opinio n with regard to sexual intercourse is not sine quannon to prove an offence of r ape. Be that as it may, I am now only considering an application for anticipatory bai l and not for passing a final order for the offence of rape. In the case before me, the allegation is that three girls were taken to an aban doned place where they were molested. It is true that the doctor could not give definite opinion with regard to sexual intercourse. However, the fact remains th at all the three girls are minor and below 16 years of age.. Hence, at least the offence of taking away minor girl to an abandoned place is evident from the FIR and the statements of the victim girls. Hence, it is not a fit case wherein anticipatory bail can be granted. Accordingly, prayer for anticipatory bail is rejected.