IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11352 of 2011 PANKI SINGH S/O KAPIL SINGH Versus THE STATE OF BIHAR 02 21.04.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 354 and 376 of the Indian Penal Code. In the First Information Report, the accusation was only of catching hold of the victim’s hand and on protest assault was made. The First Information Report was lodged by the father of the victim on 28.12.2010 for the occurrence of 23.12.2010. The accusation prima facie constitutes offence under Section 354 of the Indian Penal Code. It appears that subsequently the victim girl developed the accusation under Section 376 of the Indian Penal Code in her subsequent statement under Section 161 of the Criminal Procedure Code on 02.01.2011. The medical report has been brought on record when the victim was examined on 02.01.2011 when no injury particularly of sexual assault was found. Though the doctor found the victim’s age 2 between 17 to 18 years who was found to be habituated to the sexual inter course. Learned counsel for the petitioner submits that since the medical examination was done in January, 2011, hence the accusation could not be supported by the medical evidence. Considering the delayed lodging of the First Information Report, developing the prosecution case subsequently and not supported by the medical evidence cloud the bonafide of the accusation, let the above named, petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsarif in connection with Manpur P.S. Case No. 74 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Nitesh/Safik (Dinesh Kumar Singh, J.)