IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 33352 of 2010 Mevalal Rajak @ Chhotu, son of late Bishur Rajak, resident of village – Bari Masjid Uttar Bazar Warisaliganj, P S – Warisaliganj, District – Nawada - Petitioner Versus STATE OF BIHAR - Opposite Party ----------- 2 22.12.2010 The petitioner apprehends arrest in connection with Warisaliganj Police Station Case 16 of 2009 instituted under Sections 376, 120B of Indian Penal Code. The said case has been registered on basis of a complaint filed by one Sona Kumari which was referred to police for registering case and institution. Sona Kumari alleges that the petitioner is her own uncle. Complainant’s father and uncle have been convicted for murder of the complainant’s mother. The uncle, with the connivance of father, has been raping the complainant because of which the complainant has become pregnant. On behalf of petitioner, it is submitted that all this is a false story being built at the behest of the maternal relations of Sona Kumari. Sona Kumari was asked to undergo DNA test to verify the veracity of her statement. She refused to cooperate in the matter. Be that as it may, these are matters of fact which are to be enquired into by the trial Court. I am not inclined to entertain this application. It is, accordingly, rejected. However, if the petitioner surrenders before the Court below within four seeks from today and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order. M.E.H./ (Navaniti Prasad Singh)