IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2187 of 2009 KAUSHAL KISHORE RAI, Son of Ram Lalkhan Rai, Resident of Village- Munni Bangari, P.S.- Pear, Distt.- Muzaffarpur :---- Petitioner. Versus 1. THE STATE OF BIHAR, 2. Sheela Kumari, D/o- Ramvilash Rai, resident of Village- Arniya, P.S.- Jandaha, Distt. Vaishali ------Opposite Party ----------- 3. 16.03.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 376/323 of the Penal Code and is named in the First Information Report as the only accused. It is submitted on behalf of the petitioner that perusal of the First Information Report itself would indicate that offence under Section 376 of the Penal Code is not made out. It is also submitted that informant is a bad character person who has also filed another case for the offence under Section 376 of the Penal Code against one Lala Rai and it is her grand design to always implicate persons for the offence of rape. Let the petitioner, namely, Kaushal Kishore Rai surrender in the court below (Chief Judicial Magistrate, Muzaffarpur) in connection with Pear P.S.Case No. 96 of 2001 within four weeks from today and apply for regular - 2 - bail and make such submissions as is thought proper by him and if the court below is satisfied that the informant has registered another similar case against another person(s) then appropriate orders admitting the petitioner on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Pear P.S.Case No. 96 of 2001, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. be passed. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)