IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42668 of 2010 Sairul Sada, Son of Mangan Sada, resident of Village- Saudagar Musahri, Mohanpur, P.S. Sonebarsa Raj, District-Saharsa --------------------------------- Petitioner Versus THE STATE OF BIHAR ----------- 02 20-01-2011 Heard Sri Vijay Kumar Singh, learned counsel appearing on behalf of the petitioner as well as Sri Nirmal Kumar Sinha, learned Addl. Public Prosecutor. The petitioner, who is in custody in Sonebarsa P.S. Case No.24 of 2010 registered for the offences under Sections 341,323,376/34 of the Indian Penal Code and is in custody since 21.7.2010, has prayed for grant of bail. The informant, who is a married lady, had disclosed that while she was returning from Sonbarsa Raj after purchasing some articles and as soon as she reached near the maize crops, she was apprehended by this petitioner and other three accused persons. Thereafter, in the field she was raped by all the accused persons. Learned counsel for the petitioner submits that the victim was examined by a doctor. However, during the medical examination, no sign of rape was found nor any injury was found. It was submitted that it is a fit case for grant of bail. Learned Addl. Public Prosecutor submits that occurrence had taken place on 29.3.2010. However, the doctor had medically examined at a belated stage and moreover the informant was a married lady. It was further submitted that it is case of gang rape . 2 In view of the fact that the informant had made categorical statement regarding commission of rape by the petitioner and others, the Court is not inclined to extend the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected. NKS/- ( Rakesh Kumar, J.)