IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17903 of 2010 NAZRUL, S/o Hamid Versus STATE OF BIHAR ----------- 4/ 13.08.2010 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 323, 376, 120 (B) of the Indian Penal Code. The informant alleged that on 10.04.2009, when her parents were not in the house, the petitioner came there. She alleges that petitioner committed rape on her. She further alleges that the petitioner even assured her that he will marry her. On return of her parents, she narrated the incident. Thereafter, a Panchayati was convened on 09.05.2009 where the petitioner confessed his guilt. Learned counsel for the petitioner submits that the allegations are not correct. He further submits that the complainant has earlier tried to implicate other persons in false cases regarding her misbehaviour. Learned counsel refers to one of the observations of Sarpanch, Gram Kachahari Kelabari. The Sarpanch noticed that earlier the complainant had made allegation that three boys had tried to misbehave with her. On frequent enquiry, he learnt that there is no basis of the aforesaid complaint. He has noticed that the complainant is characterless. On this basis, petitioner prays for bail. Counsel for the State submits that the complainant is aged about 16 years and the medical report shows that her age to be 17 years. There is allegation of rape in the complaint. It further appears that petitioner had earlier assured to marry the victim. - 2 - Having regard to the facts and circumstances of the case, particularly the age of the girl and the allegation in the First Information Report, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after three months. Uday/ (Samarendra Pratap Singh, J.)