IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26282 of 2009 BABAN RAY Versus THE STATE OF BIHAR ------ 2/ 27.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that doctor has not found the case of rape. There appears some mistake committed by the doctor. The incident is of 28.10.2008 and the victim is examined on 30.10.2008. Hymen is found ruptured and vagina admits one fingure only. What is absent that is injury which is possible only in case of scuffle or resistance which is absent in this case. It is not a simple case under Section 376 of I.P.C., rather of a gang rape, only Section 34 is added but Section 376 (2)(g) of I.P.C. is left to mention. Above discussed circumstances does not justify the petitioner for grant of anticipatory bail, while he is specifically alleged for committing gang rape. Accordingly, the application is rejected. shail (Mandhata Singh, J.)