IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16918 of 2009 RAKESH KUMAR Versus STATE OF BIHAR ----------- 9 30.3.2010 Heard Mr. Ravindra Kumar Tiwary, learned counsel appearing for the petitioner and Mr. Dashrath Mehta, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Gayaghat P.S. case No. 124 of 2003 dated 10.9.2003, registered under sections 366 and 376 of the Indian Penal Code. According to the prosecution case, petitioner is alleged to have committed rape upon the informant and have taken her photograph in naked condition. Learned counsel for the petitioner submits that the allegations are false and subsequently they have married. However, in response to a query made by the court he fairly conceded that the petitioner and informant are not now living together and they are living separately. Learned counsel for the State after going through the case diary has pointed out that there is direct allegation of rape against the petitioner. In that view of the matter, the prayer for anticipatory bail made of behalf of the petitioner is rejected. He must surrender in the court below within four weeks from today and if so advised may seek regular bail. If such a petition is filed then that should be disposed of on its own merit without being prejudiced by this order. (Birendra Prasad Verma, J) M.Rahman - 2 -