IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31316 of 2011 ====================================================== Arjun Paswan, son of Haricharan Paswan, resident of village-Itwan Noniya Bigha, Police Station-Nabinagar, District-Aurangabad (Bihar) .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Mrigendra Kumar, Advocate For the Opposite Party : Mr. D. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 14-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 376 and some other allied offences under the Indian Penal Code. Admittedly, the informant is the widow of the elder brother of the petitioner. After death of her husband, while the informant was living in her Sasural, petitioner allegedly entered inside her room and committed rape upon her. Learned counsel for the petitioner submits that the petitioner is a married person and in view of presence of large number of persons in his family, occurrence could not have taken place, as alleged in the F.I.R. It is also submitted that during the course of investigation witnesses have not supported the 2 prosecution case. Be that as it may, in view of relationship between the petitioner and the victim and in view of nature of allegation, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, rejected. The petitioner must surrender in the court below within a period of four weeks from today in connection with Nabinagar P.S. Case No. 04 of 2011 pending in the court of learned Chief Judicial Magistrate, Aurangabad and if so advised, seek regular bail, which shall be considered on its own merits without being prejudiced by the present order. Devendra/- (Birendra Prasad Verma, J)