IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28759 of 2008 UMA PURI Versus THE STATE OF BIHAR ----------- 3. 8.9.2008 Heard. The petitioner is in custody in a case under Sections 376/34 of the IPC and is alleged to have raped the lady with the co-accused. The contention is that the petitioner being 65 years of age and living on begging was not supposed to indulge in such an act. The further contention is that just after the incident the petitioner was produced before a medical man and he did not find any circumstantial evidence upon the person of the petitioner indulging in such an act. It was further contended that probably so as to justifying beating the petitioner and his companion beggars, the villagers could give out a story so as to implicating him in a false story. The learned A.P.P. has referred to some of the statements of the case diary in which villagers stated that on the complaint of the lady the petitioner was picked up and beaten also. As things stand and finding that allegations are directly made against the petitioner, I am not inclined to grant bail to the petitioner. However, he may approach this court after the examination of the prosecutrix who should be examined as the first witness of the case. B.Kr. ( Dharnidhar Jha, J. )