IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31910 of 2009 MD.ALAM, son of Mustafa Dewan, Resident of village Khadda Bngla Tola, P.S. Nautan, District West Champaran Versus STATE OF BIHAR ----------- 2. 8.9.2009 Heard counsel for the petitioner and the counsel for the State. A direct allegation of rape reported to the police within 2 ½ hours of occurrence naming the petitioner to be the only accused by the prosecutrix cannot be disbelieved on a subsequent vague medical report prepared by the doctor on the basis of her physical examination in the light of report of radiological and pathological test. The ocular evidence of the Prosecutrix coupled with statement of other witnesses recorded by the police soon after the occurrence therefore, in this case would inspire much more confidence than the aforesaid medico-legal opinion of the Doctor. That being so, this Court is not inclined to grant bail to the petitioner. His prayer for bail, therefore, is rejected. Surendra/ (Mihir Kumar Jha,J.)