Md.Jilani @ Md.Quadir Jilani @ … vs State Of Bihar on 26 March, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.41192 of 2010
                    MD.JILANI @ MD.QUADIR JILANI @ JILANI
                                          Versus
                                   STATE OF BIHAR
                                        -----------

2 26.3.2011 Heard learned counsel for the parties.

There is clear allegation of commitment

of rape by this petitioner which is defended on

the ground of his not remaining there. No sign

of rape by the doctor has been found. Love

affair could be taken for consented relation

which is denied at all goes to show only after

breaking of love affair, the offence of rape was

committed. Plea for alibi if is the reality, is

not the stage to decide. Non-presence of semen

has been taken for no recent sexual relation but

for commission of rape penetration is

sufficient.

Hence, prayer for anticipatory bail on

behalf of petitioner is rejected.

However, petitioner is directed to

surrender and pray for regular bail.

AI                                                        ( Mandhata Singh, J.)