IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41192 of 2010 MD.JILANI @ MD.QUADIR JILANI @ JILANI Versus STATE OF BIHAR ----------- 2 26.3.2011 Heard learned counsel for the parties. There is clear allegation of commitment of rape by this petitioner which is defended on the ground of his not remaining there. No sign of rape by the doctor has been found. Love affair could be taken for consented relation which is denied at all goes to show only after breaking of love affair, the offence of rape was committed. Plea for alibi if is the reality, is not the stage to decide. Non-presence of semen has been taken for no recent sexual relation but for commission of rape penetration is sufficient. Hence, prayer for anticipatory bail on behalf of petitioner is rejected. However, petitioner is directed to surrender and pray for regular bail. AI ( Mandhata Singh, J.)