IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2419 of 2011 RANJEET SINGH @ BHOLA Versus THE STATE OF BIHAR 02/ 08.03.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner seeks his bail in connection with Mohania P.S. Case no. 312 of 2010 registered under sections 376(2) (g) and 363/34 of the IPC. Petitioner is named in the first information report and as per allegation he along with several other co-accused persons committed rape on the informant as well as informant’s sister. The contention of the learned counsel for petitioner is that section 376 (2) (g) of the IPC is not applicable against petitioner because it is the statement of the informant that she was raped only by the petitioner. Further contention is that medical report does not support the statement of the informant because no sign of rape was found on her person at the time of medical examination. He further submits that so far as story of gang rape is concerned, in the said incident, petitioner did not participate as per prosecution case itself. In my view, the statement of victim shall prevail over medical evidence and there is specific statement of the informant that petitioner committed rape on her posing himself as a police constable. In view of the aforesaid facts and circumstances, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail stands rejected. shahid (Hemant Kumar Srivastava,J)