IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40436 of 2011 Rakesh Kumar Sharma, Son of Devendra Sharma @ Aaphat Sharma, R/o Village Sadipur, Takiya, P.S. Obra, District Aurangabad (Bihar). -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 02/- 15/12/2011 Heard Mrs. Leelawati Kumari, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 376 of the Indian Penal Code and Sections 3(x) S.C./S.T. Act, is solitary named accused in this case with specific allegation of committing rape upon the informant, a member of scheduled caste. Submission is of false implication due to demand of return of the land given on Batai and petitioner was not present at the relevant time and place. Plea of alibi may be examined at appropriate stage. Considering the facts and circumstances of the case, the petitioner appears not entitled for the privilege sought. Hence, prayer for anticipatory bail of the above named petitioner in connection with Obra P.S. Case No. 28 of 2011, pending in the Court of Chief Judicial Magistrate, Aurangabad is hereby refused. Praveen/- ( Akhilesh Chandra, J.)