IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43702 of 2009 1. SHANKER GOND S/O GIRJA GOND R/O VILL.- JAIPUR, P.S. MOHANIA, DISTT.- KAIMUR AT BHABUA Versus 1. THE STATE OF BIHAR ----------- 3 18/01/2010 Heard Mr. Tribhuwan Narayan learned counsel for the petitioner and learned APP for the State. The petitioner is one of the named accused of a case which has been registered under Sections 376, 379/34 of the Indian Penal Code and Section 3 (x) of the SC/ST Prevention of Atrocities Act. The informant is a lady of 25 years. She was returning with her father, in the way this petitioner and another accused way laid her and raped her. Further allegation is that accused persons have snatched golden chain and cash from her. Submission is that prior to the present case a Sanha was lodged by this petitioner and on account of that he has falsely been implicated in this case. The Sarpanch of the village has examined the matter and many villagers submitted an application saying that the petitioner has falsely been implicated in this case. Medical report does not mention any sign of rape. Allegation relates to rape and it is difficult to find any independent witness of such occurrence. The informant had stated her agony before the police and 2 also before the court in her examination under Section 164 of the Cr.P.C. She is a lady of schedule caste and there is allegation that she was way laid and raped. Considering the allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner is rejected. avin (Shyam Kishore Sharma, J.)