IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21626 of 2010 SK. RAYEES @ RAYEES SON OF LATE SK. MOHAMMAD, RESIDENT OF VILLAGE CHAKLA, P.S. K. NAGAR, DISTT. PURNEA – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 14-07-2010 Heard the parties. The petitioner apprehends his arrest in a complaint case filed in the year 2004 vide Annexure-1, in which cognizance has been taken for offence under section 376 of the Indian Penal Code. In the complaint petition vide Annexure-1, there is specific and direct allegation of commission of rape against this petitioner. From perusal of the statement of the victim on solemn affirmation vide Annexure-2, it appears that the victim is a lady aged about 20 years and she has supported the factum of rape. Learned counsel for the petitioner submits that as a matter of fact, the complainant has been set up by a person, namely, Md. Aslam, who is on inimical term with the petitioner and the entire allegation against the petitioner appears to be highly absurd and unbelievable. Be that as it may, in view of the nature of allegation this Court is not persuaded to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is accordingly, rejected. The petitioner must surrender in the court below in connection with Complaint Case No. 1853 of 2004 within a period of four 2 weeks from today and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. BTiwary ( Birendra Prasad Verma, J)