IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43056 of 2009 Amit Kumar Lal @ Amit Kumar, son of Sunil Lal @ Sunil Prasad Sinha, village Tikaitpur, Ps Bihta, district Patna – petitioner. Vs. The State of Bihar. 2 6.1.2010 Heard learned counsel for the parties. The petitioner has made a prayer for grant of bail for the fourth time in a case under section 376 of the Penal Code in which a minor girl of eight years was raped. On the third occasion while making prayer for bail, the petitioner raised the ground that he was minor at the time of occurrence. Counsel for the petitioner refers to a judgment of the Supreme Court that this question can be raised at any stage. I do not doubt the proposition. It would be proper for the petitioner to raise this question before the Court below if so advised and for this purpose produce relevant documents to show that the petitioner was a minor at the time of the occurrence. In case the petitioner does so, the court below should satisfy itself whether the contentions are prima facie correct. In case there is doubt in the mind of the court with respect to the plea raised on behalf of the petitioner, he may send the petitioner for medical examination. This application for bail is dismissed. haque (Sheema Ali Khan, J.)