IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46 of 2011 USMAN GANI, SON OF LATE KHUDA BAKSH, RESIDENT OF VILLAGE – ITWA, POLICE STATION – DANDKHORA, DISTRICT – KATIHAR. ....................... PETITIONER. Versus THE STATE OF BIHAR ...................... OPP. PARTY. ----------- 02/ 06.01.2011 Heard. This is a petition for anticipatory for offence under Section 323, 313 and 376 of the Indian Penal Code. Learned counsel for the petitioner submits that though there is allegation of committing rape on Jarina Khatoon. However, this petitioner is also alleged to have present along with Niamat at the time of alleged occurrence. However, allegation is that both the accused persons administered medicine, for terminating the pregnancy, which has resulted into abortion. Learned counsel for the petitioner, however, contended that after lodging the complaint cognizance was taken on 25.01.2006 and in the cognizance order it has come that the complaint did not produce any evidence after 02.07.2004 nor appeared thereafter it appears that she lost interest in the case and even gave a petition before the court concerned stating that accused Usman Gani i.e. this 2 petitioner is innocent. Learned counsel for the State opposes the prayer on the ground that the offence is non- compoundable and make out an offence and there is clear allegation against the petitioner. Hence, having regard to the facts and circumstances of the case, that there is direct allegation of involvement of petitioner to have aided and abated the main accused Niamat, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected. Kundan (Gopal Prasad, J.)