IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37183 of 2008 TUNNU KUMAR Versus STATE OF BIHAR ----------- 2/ 2.9.2008 Heard learned counsel for the parties. Earlier the prayer for bail of the petitioner has been rejected twice considering the fact that the petitioner has raped a minor girl. Submission is that the mother and maternal uncle of the victim have been examined in trial and they have not supported the prosecution case. The victim girl is a vital witness in a case registered for offence under Section 376 of the Indian Penal Code and she is yet to be examined. Considering the allegation and in the facts and circumstances of the case, I am not inclined to reconsider the prayer for bail of the petitioner presently. Accordingly, his prayer for bail is rejected. However, if so advised, the petitioner may renew his prayer for bail before the court below after examination of the victim girl. Tahir/- ( Shyam Kishore Sharma, J.)