IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9551 of 2010 MANIK CHANDRA DAS, son of Sripati Das @ Arwa Versus THE STATE OF BIHAR ----------- 2/ 26.04.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Section 376 of the Indian Penal Code and Section 3(x) of SC/ST (Prevention of Atrocities) Act. Learned counsel submits that the medical report does not show any sign of rape. He further submits that compromise has arrived at between the parties, in which a sum of Rs. 30,000/- was already paid in favour of the alleged victim girl. Learned counsel further submits that earlier the maternal aunt of the informant too filed case like the present one bearing Complaint case no. 354 of 2004 against co-villagers. The compromise petition filed by the complainant has also been annexed as Annexure-2 to this application. Learned counsel for the State submits that there is allegation of rape against the petitioner. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. His prayer for bail is rejected. However, this Court observes that if petitioner surrenders before the court below (Chief Judicial Magistrate, Katihar in connection with Balrampur P.S. case no. 78 of 2009) and prays for regular bail within six weeks from today, - 2 - the same would be disposed of preferably on the same day on its own merit without being prejudiced by this order also taking into consideration that compromise has arrived at between the parties and the medical report does not support the prosecution case. Uday/ (Samarendra Pratap Singh, J.)