New Delhi, Oct 7 (IANS): The Supreme Court on Friday issued notice to a Bihar legislator on the state's petition seeking cancellation of his bail granted by the Patna High Court in the alleged rape of a minor girl.

The bench of Justice A.K. Sikri and Justice N.V. Ramana, however, declined to stay, the Patna High Court's order saying it could not do so without hearing the accused -- Rashtriya Janata Dal MLA, Rajballav Yadav.

Issuing notice returnable on October 17, the court permitted the Bihar government to serve notice to the accused in person. 

While issuing the notice, Justice Sikri, however, observed, "Chief Justice (of Patna High Court) hearing bail matters."

Rajballav Yadav, the MLA from Nawada, was accused of raping a schoolgoing girl at his residence in Bihar Sharif in February this year. 

He was suspended from the party after the incident surfaced. However, he continues to be an RJD lawmaker in the state assembly.