IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10873 of 2010 Subhash Kumar Mishra @ Munnu, S/o Ram Kewal Mishra, R/o Village- Silaut Bimal, P.S. Maniyari, District-Muzaffarpur. …..Petitioner. Versus The State of Bihar …………………………….Opposite Party. ----------- 2. 26. 04. 2010. Heard Mr. Pushkar Narain Shahi, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Maniyari P.S. Case No. 7 of 2010 dated 11. 01. 2010, registered under Section 376 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that present F.I.R. has been lodged after seven days of the alleged occurrence and the prosecutrix was examined by the Doctor, but no sign of rape was found. It is further submitted that there was some dispute regarding money transaction between the parties and for that reason he has been falsely implicated in this case. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and he highlights that there is direct allegation of rape against the petitioner. Be that as it may, in view of serious nature of allegation and in view of the fact that petitioner is alleged to have committed rape upon the informant, his prayer for grant of anticipatory bail is rejected. The petitioner must surrender in the court below within a period of four weeks from today and if so advised, seek regular bail 2 which shall be disposed of on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)