IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39508 of 2011 Balendra Rai Versus The State Of Bihar -------------------------- Lawyer for Petitioner- M/s Naresh Chandra Verma Mr. Lakshmi Kant Tiwary Mr. Arun Kumar Lal-Advs. Lawyer for State- Mr. Rajendra Singh Shashtri- A.P.P. ------------------------ 02. 01.12.2011 Heard learned counsel for the petitioner and learned counsel for the State. The story/ allegation set up in the complaint petition appears not believable as petitioner is alleged that he took the complainant from his house on the pretext of her mother’s ailment, who was admitted to hospital, but in way was intoxicated and taken to Assam where petitioner along with his brother committed rape upon her, threatening is also said given. She was again taken back to East Champaran where also rape was committed, other family members facilitated rather assaulted but her son and daughter aged about 11 years and 8 years remained all along with the complainant and they also never opposed the act of any of the accused persons including this petitioner. Specific submission of learned counsel for the petitioner is that it was a case of love affair in between complainant and this petitioner in which it appears unnecessarily, petitioner remained in custody since 19.9.2011. Thus, having regard to the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No.39 of 2002, Trial No.2253 of 2010. Vikash ( Mandhata Singh, J.)