IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50379 of 2008 ASHOK YADAV, Son of Nago Yadav, resident of Village- Sonak Camptola, P.S.- Supaul, District- Supaul………………..Petitioner. Versus The State of Bihar……………………………………..Opposite Party. ----------- For the petitioner: M/S. Ranjan Kumar Jha and Chy. Prem Kumar Thakur,Advocates. For the State : Mr. Nityanand Tiwary, A.P.P. ------------ 4. 20.04.2009. Heard learned counsel for the petitioner Ashok Yadav, First Information Report named accused, who is in custody since 1.1.2008 in connection with Supaul P.S. Case No. 01 of 2008 registered under Section 376 of the Indian Penal Code. The petitioner is alleged to have lifted the victim Babita Kumari at about 12.00 noon and forcibly carried away after gagging her mouth and thereafter the petitioner is said to have committed rape on her and attempted to kill her by administering poison. The allegation is sought to be supported by the statement of the victim recorded under Section 164 Cr.P.C. The submission on behalf of the petitioner is that he is on inimical terms with the informant and he has been falsely implicated in this case. It is also the submission that the statement of the victim girl is a tutored one. The final submission is that it would be apparent from the injury report that the Doctor found no apparent signs of rape having been committed on the victim. It appears that the petitioner was apprehended at the spot and a blood stained under garment and frock of the victim, who apparently is a minor, was seized by the police from the spot. - 2 - Be that as it may, in view of the statement of the victim girl recorded under Section 164 Cr.P.C. showing the hands of the petitioner in the dusted crime, I am unable to enlarge the petitioner on bail. His prayer for bail is, accordingly, rejected. He may renew his prayer for bail after one year. U.K. (Abhijit Sinha,J)