IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.415 of 2010 UDAY PRASAD VS STATE ----------- 3. 09.03.2010. Heard learned counsel for the parties. The petitioner apprehends arrest in a case registered for offence under sections 376,323,34 of the Indian Penal Code on the allegation of committing rape on the prosecutorix. Learned counsel for the petitioner states that police after investigation found the case to be false. The prosecution case is that the victim had mortgaged jewellery worth Rs.1000/- and when she tried to redeem the same, the petitioner committed rape on her. Thereafter when she went to make complaint to other family members, they too assaulted her. Petitioner further submits that after issuance of notice to victim, final form was accepted. The injury report does not rule out possibility of rape. Moreover, the victim has also supported the allegation against the petitioner in her statement on Solemn affirmation. Prayer for bail of the petitioner in Complaint case no. 34 of 2007, Tr.No. 1510/2007 arising out of Jehanabad Police Station cse no. 325 of 2004 pending in the court of the Chief Judicial Magistrate, Jehanabad is refused with direction to surrender and seek regular bail which would be disposed of on its own merit without being prejudiced by this order. Let this order be faxed to the court concerned at the cost of the petitioner. Shashi. (Samarendra Pratap Singh,J).