IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18016 of 2009 RAMESHWAR PRASAD Versus The STATE OF BIHAR ------ 3/ 13.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. There is specific allegation against this petitioner about committing rape upon the victim. That is doubted by the learned counsel appearing on behalf of the petitioner on the submission that there is no address of witnesses in the complaint petition and one of them is not stating to identify the accused or the victim. The date of occurrence is not given in the F.I.R., which has also been made a ground to doubt the prosecution case but all the three witnesses state about committing of the rape, though not in their presence, but they reached after the incident on hue and cry of the victim. They found her stripped and only one of them namely, Rameshwar Sah is stating about not identifying the accused or victim which is nothing more than his soft coroner with the accused. Non-mentioning of address of the witnesses in the complaint petition can only be taken as a mistake not affecting the merit of the case, while all the three witnesses appeared and deposed their evidence. This is the stage of the prosecution case due to non-medical examination. Considering the above facts and circumstances of the case, the prayer of the petitioner is rejected. shail (Mandhata Singh,J.)