IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33765 of 2010 SUBODH MUKHIYA, son of Bhagwat Mukhiya Versus STATE OF BIHAR ----------- 5/ 25.11.2010 Heard learned counsel for the parties. Petitioner is an accused in a case under Section 377 of the Indian Penal Code. The informant alleged that the petitioner committed unnatural offence with his three years old son. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, as he happens to be the next door neighbour of the informant and there is land dispute in respect of two decimals of land. He further submits that the informant has intention to grab the aforesaid land, as such he has implicated the petitioner in this case. He further submits that it would be unnatural that a three years old boy will make such statement, as recorded under Section 161 of Cr.P.C. He further submits that petitioner has four children and it is very unlikely that he would commit such offence. He further submits that petitioner is an old patient of Tuberculosis and is under treatment of doctors since last two years. The petitioner is in custody since 04.08.2010. Counsel for the State submits that the Medical report supports the factum of commission of unnatural offence. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the 2 present. His prayer for bail is rejected. However, he may renew his prayer for bail after completing six months in jail custody. Uday/ (Samarendra Pratap Singh, J.)