IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3490 of 2010 MAHADEV MANDL SON OF LATE BADHI MANDAL RESIDENT OF VILLAGE MUNSIPATTI(DUDHALA), P.S.BIHPUR,DISTRICT BHAGALPUR AND PRESENT RESIDENT OF VILLAGE NATHNAGAR (KARAYALIA), P.S.NATHNAGAR,DISTRICT BHAGALPUR Versus STATE OF BIHAR For the petitioner : Mr.Shyama lNand Thakur For the State : Mr.Addl.P.P. ----------- 3/ 31.03.2010 Heard learned counsel for the parties. The petitioner seeks bail in Bihpur P.S.Case No. 165 of 2007 (Sessions Trial No. 802 of 2009). Earlier the prayer for bail of the petitioner was rejected on 1.4.2009 Vide Cr.Misc.No. 44412 of 2008 considering the allegation that he being a man of 55 years has raped a girl aged 17 years. However, liberty was granted to the petitioner to renew his prayer for bail before the court below if the informant does not support her version in course of her evidence in trial. Submission is that the informant has compromised the case and she is not willing to depose in trial. Considering the allegation, earlier the prayer for bail of the petitioner was rejected but liberty was given to the petitioner to renew his prayer for bail before the court below if the informant does not support any version of the prosecution in trial. It appears from the impugned order that the informant has not been examined as yet. Considering the allegation, I am not inclined to reconsider the prayer for bail of the petitioner. Accordingly, his prayer for bail is again rejected. However, the petitioner may renew his prayer for bail before the court below if the informant does not support the prosecution version in trial. Tahir/- ( Shyam Kishore Sharma, J.)