IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5910 of 2008 VINAY KUMAR MISHRA Versus STATE OF BIHAR ----------- 5/ 24.06.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The case is under Section 376 of the Indian Penal Code in which a girl Nitu Kumari aged about 16 years was raped by the bus driver and others. She has been examined under Section 164 Cr.P.C. and she has described her agony. She has identified the petitioner and the person who was instrumental in commission of rape. Submission of the learned Counsel for the petitioner is that the victim has been found to be 17 to 19 years and no sign of rape was found. A minor girl cannot frame a person on the allegation of rape. Considering all the facts, I am not inclined to grant the bail. Accordingly the prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)