IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21879 of 2009 BIRJU YADAV Versus STATE OF BIHAR ----------- 3 13.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 376/120B of Indian Penal Code. As per the allegation in the F.I.R. while the victim was coming home from the market along with her nephew, petitioner alongwith co-accused Ranjeet Yadav and Ravi Chandravanshi lifted them on a Maruti Car and she was later brought to a hotel. The petitioner and co-accused Ravi Chandravanshi stayed out side the hotel and the victim was taken to a room by co-accused Ranjeet Yadav where she was forcibly subjected to rape. .Counsel submits that it is not the allegation that he committed rape. The petitioner is in custody since 28.3.2009. Looking to the allegation and the manner in which it was committed, this court, for the present, is not inclined to admit him to bail. His prayer for bail stands rejected. The petitioner is, however, granted liberty to renew his prayer for bail after five months, if the trial in the meanwhile does not commence. pkj ( Kishore K. Mandal, J. )