IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26717 of 2011 Chhote Singh son of Late Suresh Singh Versus The State Of Bihar ----------- 3. 13.10.2011 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence u/s.376/34 of the Indian Penal Code. By an order dated 18.3.2011 vide Cr.Misc.No.6396 of 2011 the petitioner was refused bail since there was direct allegation against him of having committed rape upon the complainant. The petitioner has renewed his prayer for bail on the ground that the complainant is fictitious lady and she is not appearing in the court below. By the same name three cases have been instituted but the identity of the three is highly doubtful. A report was called for from the Officer Incharge of the concerned Police Station, who has reported that Sunita Devi wife of Kalendra Singh was found to be in existence but Sunita Devi wife of Sanjay Manjhi was a non-existent person and the whereabout of Sunita daughter of Subhash i.e. the present complainant could also not be verified. The learned Counsel for the complainant submits that the complainant is ready to depose before the court and she is not at all fictitious lady. The complainant undertakes to - 2 - depose as a first witness during trial on the next date fixed. Since the challenge is being with regard to the identity of the complainant, which is not very cogent, I am not inclined to interfere with the earlier order. The prayer for bail is once again rejected. However, the complainant is directed to appear on the next date fixed during trial so that the same is not further delayed. Narendra/ ( Anjana Prakash, J. )