IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41290 of 2009 SUBODH PASWAN, SON OF BHUNESHWAR PASWAN, RESIDENT OF VILLAGE-ZERO MILE, AMBEDKARNAGAR, P.S. INDUSTRIAL REGIONAL ZERO MILE, DISTRICT- BHAGALPUR……………………………………..PETITIONER. Versus THE STATE OF BIHAR…………………OPPOSITE PARTY. --------- For the Petitioner : Mr. Sanjay Kumar Ghosarvey, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ----------- 3. 15.12.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 363, 366-A and 376 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the medical report does not confirm rape. It has also been submitted that it has come during the course of investigation later on that there was love affair which creates doubt with regard to the possibility of the case. It is stated that the F.I.R. was lodged after 9 days of the alleged kidnapping. The petitioner was arrested on 16.5.2009 when - 2 - he was found alongwith the victim girl, however, since fire arm was recovered from the possession of the petitioner, a separate case for the same was lodged and in this case he was remanded on 19.7.2009. Learned A.P.P. for the State submitted that the petitioner was arrested alongwith the victim girl and the victim girl in her statement under Section 164 Cr.P.C. has stated that the petitioner has forcibly married her in a temple and thereafter committed rape upon her for three days continuously. Having regard to the gravity of the offence and the statement of the victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant bail to this petitioner. As a result, this application is dismissed for the present. P.S. (Dr. Ravi Ranjan,J)