IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32506 of 2008 SITA RAM BADHAI @ SUDAMA BADHAI Versus THE STATE OF BIHAR ----------- 3. 6.1.2009 Heard Mr. Diwakar Sinha, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petitioner bears allegation of committing rape upon young girl who claims herself 13 years of age but who, according to the medical report, appears just about 15 years. The contention is that there is no supporting material much less the medical opinion in support of the commission of rape upon the lady. The contention further is that it appears a false case but at the same time learned counsel for the petitioner is not pointing out to me any reason of false implication. Learned A.P.P. submits that the petitioner has previous case of same nature but Annexure-2 indicates that the petitioner was acquitted of that earlier charge. Regard being had to the fact and considering the nature of the allegation, I am not inclined to direct the release of the petitioner. The petition is dismissed. sudip ( Dharnidhar Jha,J )