IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27034 of 2009 JAIYENDRA SINGH,son of Gopal Singh,resident of village-Sikti,P.S.-Parsa,Dist.-Saran. Versus THE STATE OF BIHAR ----------- 03/ 17-11-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that there was no sexual intercourse at all upon the complainant. If really it was done then it was consented and only could be disclosed after appearance of the complainant’s niece; otherwise at the earlier occasion fear of this petitioner was there in not informing the incident to any one and how that can be believed at later stage that fear disappeared. There is no positive evidence (medical) of commitment of rape even sexual intercourse. This much of the submission can be taken into consideration in case anticipatory bail petition is maintainable but here that is not maintainable due to falling of the case for the offence under the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) Act. Accordingly, this petition for anticipatory bail is rejected. However, petitioner is directed to surrender before the court below and pray for regular bail where his submission shall be considered positively. AH/ ( Mandhata Singh, J. )