IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10017 of 2010 RAM SAH Versus THE STATE OF BIHAR ----------- 2 6.5.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 376, 314/120B of the Penal Code. It is alleged by the informant that his daughter victim Ful Kumari, aged about 18 years, who used to go to Durgapur Janta Hat for bringing vegetables and other domestic goods came in contact with one Gori Kumari who introduced her daughter to one Dinesh Singh and Ram Sah, the petitioner. Thereafter her daughter became victim of their sexual assault and consequently she became pregnant too. It is further alleged that 2-3 months thereafter she learnt from her daughter that she has been made pregnant by the accused persons. Thereafter, the petitioner along with Dinesh Singh and Gori Kumari took her daughter to village Rupani in the house of accused Jahan Ara Begum and got aborted by giving medicines to her. However, the condition of the victim became precarious and in that process she died. Counsel for the petitioner submits that accused Gori Kumari who introduced the victim to the petitioner was granted anticipatory bail by a bench of this court. Further, accused Jahan Ara Begum who along with the petitioner and Gori Kumari administered medicines to the victim has also been granted anticipatory bail by this court. He further submits that even assuming the prosecution case to 2 KHAN be true the victim was consenting party and as such no case of rape is made out. In support of his contention, he relied upon a decision of the Hon’ble Apex Court in the case of Shekara Vs State of Karnataka, reported in 2009(2) PLJR (SC) 215. It would appear from the materials on record that the two accused who have been granted anticipatory bail were all women. The informant in the F.I.R. has stated that her daughter became victim of sexual assault of the accused petitioner. In the circumstances, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same would be considered on its own merits without prejudice by the fact that he moved this court for anticipatory bail. (S.P.Singh,J)