IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33582 of 2008 SHYAM SUNDAR YADAV S/O GANESH YADAV @ GANI YADAV, R/O VILLAGE- GOGARI USHARI, P.S. GOGARI, DISTRICT- KHAGARIA Versus STATE OF BIHAR ----------- 3 14/11/2008 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is an accused of a case which has been registered under section 376/34 of the Indian Penal Code in which according to allegation, a girl aged 12 years was raped by the petitioner and others. The victim has been medically examined and the doctor has opined that Viginal swab was suggesting sexual intercourse within a week but no definite opinion was given as to whether rape was committed or not. The medical examination was on 12.3.2008 and the occurrence is of one day earlier. Annexure-3 is the statement of the victim under section 164 Cr.P.C. where also she has stated that she was raped by the petitioner. She has stated that the petitioner is her uncle. Submission is that there is no definite opinion about the rape as the occurrence is one day prior to the date of medical examination and the medical report is vague saying that it was within one week of the occurrence. Allegation of rape of a minor girl by her uncle has been corroborated by the medical examination report. Considering the above facts, I am not inclined to enlarge the - 2 - petitioner above named on bail in connection with Gogari P.S. Case No. 37 of 2008. Accordingly, his prayer for bail is rejected. avin (Shyam Kishore Sharma, J.)