IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46255 of 2008 UPENDRA YADAV Versus THE STATE OF BIHAR ----------- 2. 19.12.2008 Heard Sri Aditya Sharan, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner Upendra Yadav is said to have committed rape upon a child of about 8 years. The victim has made her statement under Section 164 Cr. P.C. and appears supporting the fact that the petitioner committed the act with her. The contention is that there is variance between the statement of the victim and that of the informant as regards the manner of occurrence. The further contention is that the doctor did not find any sign of rape upon the victim and still charge sheet has been submitted. The learned Additional Public Prosecutor opposed the prayer for bail by submitting that the victim is a child, have no any reason to falsely implicate a man and the petitioner has not been able to take any specific defence for his false implication. Considering the facts of the case and the act - 2 - complained of, I am not inclined to direct the release of the petitioner Upendra Yadav on bail. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)