IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31787 OF 2010 JAGARNATH MANDAL @ JAG NATH MANDAL, SON OF LATE JANLAL MANDAL @ JANKI DAS, RESIDENT OF VILLAGE GARHARA, MAHENDRAPUR TOLA, POLICE STTION PALASI, DISTRICT ARARIA VERSUS THE STATE OF BIHAR ******** 2 08/10/2010 Heard Counsel for the petitioner, the informant and the A.P.P. appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Sections 365, 366, 376, 120B and 379/34 of the Indian Penal Code. Learned Counsel for the petitioner submits that in the complaint petition, the allegation against the petitioner is that he had helped Manoj Kumar and permitted him to live in his house with the victim lady. After there was pressure of the villagers, he handed over the victim lady to her guardian. Learned Counsel further submits that there is no allegation of rape as far as this petitioner is concerned. Although, the complaint was filed after the recovery of the victim lady. The petitioner’s name transpires after three months when her statement was recorded under Section 164 of the Code of Criminal Procedure in which she has alleged rape against the petitioner, which appears to be an afterthought and concocted story. 2 It may be that the story of committing rape is concocted and untrue, but the allegations in the complaint petition certainly make out a case in which the petitioner has helped Manoj Kumar in retaining the victim lady, kidnapped by him. In my opinion, it would be proper for the petitioner to file regular bail application before the Court below which would be disposed of by the Court below without being prejudice by this order. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )