IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4511 of 2010 MUKESH KUMAR CHOUDHARY Versus STATE OF BIHAR ----------- 3 13.5.2010 KHAN Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 376/34 of the Penal Code. Learned counsel for the petitioner submits that there is inordinate delay in lodging the F.I.R. and the medical examination of the victim girl has been performed after two months from the date of occurrence. He further submits that it is improbable that the two accused who are own nephew and uncle, together will commit rape. In view of nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is accordingly rejected. However, if he surrenders and prays for regular bail, the same would be considered on its own merits without any prejudice. (S.P.Singh,J)