IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36818 of 2008 MD.BALAL SON OF KALIM RESIDENT OF VILLAGE CHOUKTA,P.S.MAHALGAON(JOKIHAT),DIST.ARARIA Versus STATE OF BIHAR ----------- 3/ 7.11.2008 Heard learned counsel for the parties. The petitioner is the sole named accused of a case which has been registered for offence under Section 376 of the Indian Penal Code in which there is allegation against him that he has outraged the modesty of his elder brother’s wife on 7.2.2008 and the report was given on 20th April,2008 i.e. after lapse of more than two months. Submission is that the delay in lodging the F.I.R. has not been explained. The S.D.P.O. has investigated the matter and found the case to be true for offences under Sections 323,504 and 354 of the Indian Penal Code and the allegation of rape was disbelieved. The enmity was found between the parties because of order dated 23.12.2008 passed in C.A.No. 568 of 2004. Considering the supervision note and the delay between the occurrence and report, I am inclined to grant bail to the petitioner. Accordingly, let 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 Chief Judicial Magistrate, Araria in Jokihat (Mahalgaon) P.S.Case No. 66 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)