IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51609 of 2008 RABINDRA CHOUDHARY Versus STATE OF BIHAR ----------- For the petitioner : Mr. Chitranjan Sinha, Sr. Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For the informant : Mr. Suresh Chandra Giri, Advocate -------- 3 21.04.2009 Heard learned counsel for petitioner RABINDRA CHOUDHARY, sole FIR named accused of Bahera P.S. Case No. 317 of 2008 registered under sections 376 IPC and who is in custody since 22.9.2008 in connection therewith. The petitioner is named in the FIR and the prosecution case is supported by the statement of the victim recorded under section 164 Cr.P.C., although, as per the submissions advanced by the learned counsel for the petitioner, the prosecution case is not supported by the witnesses examined under section 161 Cr.P.C. or the medical evidence. Be that as it may in view of the statement of the victim recorded under section 164 Cr.P.C. I am at the present moment not inclined to enlarge the petitioner on bail. However, he may renew his prayer after 9 months. Spd/- (Abhijit Sinha, J.)