IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11153 of 2010 MD.AZAM SON OF LATE AIMUDDIN, RESIDENT OF PAIKWAHAN, P.S. AZAMANGAR, DISTRICT KATIHAR. --- Petitioner. Versus THE STATE OF BIHAR—Opp. Party. ----------- 2/ 28.04.2010 Heard the parties. Petitioner apprehends his arrest in connection with Azam Nagar P.S. Case No. 224 of 2009 dated 16.12.2009 registered under section 376 of the Indian Penal Code. According to the prosecution case the petitioner is alleged to have committed rape upon the informant on the point of dagger. Learned counsel for the petitioner submits that the informant is an aged lady. She was not examined by any doctor, case was filed belatedly and the matter has been compromised between the parties and, therefore, petitioner may be extended the privilege of anticipatory bail. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has pointed out that there is specific allegation of commission of rape upon the informant against the petitioner. Taking into consideration the nature of allegation against the petitioner about commission of rape upon the informant, his prayer for anticipatory bail is rejected. The petitioner must surrender in the court below within four weeks from today and, if so advised, seek regular bail which shall be - 2 - disposed of on its own merit without prejudiced by the present order and also taking into consideration the materials on record. ( Birendra Prasad Verma, J ) BTiwary/