IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20468 of 2009 MD.AJHARUDDIN @ MD.AZHARUDDIN @ PYARU & ANR Versus STATE OF BIHAR ----------- 2 7.10.2009 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in Tarapur P.S. case No. 80 of 2008 registered under sections 376, 342, 120B of the Indian Penal Code. Petitioner is specifically alleged for committing rape upon the victim minor girl. Submission of the learned counsel for the petitioner is that there is no sign of rape on the person of the victim girl. The matter is reported after nine days of the occurrence. In case of rape every one remains reluctant to inform the police specifically when Panchayati was there in the village. The medical report though shows no violence on person of the victim including her private part but hymen was found absent and vagina admits one finger loosely showing having sexual intercourse. The girl is minor and violence is relevant to show the resistance rather unwillingness which is not necessary in the case of minor girl. Co-accused on bail is a lady may have no allegation of committing rape taking that into consideration the petition is dismissed. (Mandhata Singh, J) M.Rahman