IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29447 of 2009 MATWA @ MUSWA . Versus THE STATE OF BIHAR . ----------- 3 26.11.2009 Heard learned counsel for the petitioner, informant and State. Sole petitioner seeks anticipatory bail in a case instituted under Section 376 of the Penal Code. Going by the complaint ( later treated as an F.I.R.), the allegation is that when the complainant had come out of the house to ease herself she was overpowered by the petitioner and subsequently she was raped. Complaint/F.I.R. discloses that on the ground of panchayati she was prevented from lodging a case. Learned counsel for the petitioner submits that there is inordinate delay in lodging the complaint by the prosecutrix. Referring to annexure-2 of the bail application, it has been submitted that the doctor has found that the prosecutrix was used to sexual intercourse since long. Learned counsel for the petitioner submits that the present case has been lodged only to pressurize the petitioner to marry the prosecutrix against her will. Learned counsel appearing on behalf of the informant submits that the injury report annexure-2 is dated 30.06.2009 where as the date of occurrence is 25.11.2007. It is next contended that the delay in lodging the complaint is somewhat explained in the complaint itself. This Court finds 2 from the impugned order that in course of investigation some witnesses have supported the prosecution case. In the facts and circumstances of the case, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for bail is, accordingly, rejected. Let petitioner surrender before the Court below and apply for regular bail which shall be considered and disposed of by the Court below on its own merit uninfluenced by the present order passed by this Court in the present proceeding. Sym/ (Kishore K. Mandal, J.)