IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20615 of 2009 SUBODH KUMAR SON OF RAM BILAS RAI, RESIDENT OF VILLAGE – HASANPUR UTARI, P.S. MAHNAR, DISTT. VAISHALI AT HAJIPUR. --------- PETITIONER. Versus STATE OF BIHAR ----------- 5. 27/10/2009 Petitioner is in custody since 25.1.2009 in relation to Mahnar P.S. Case No. 6 of 2009 which was instituted under Section 376/34 Indian Penal Code. Allegation according to the F.I.R. which was lodged by the father of the victim stated to be about six years of age that one Mantosh Kumar had pinned down the victim and the petitioner aged about 22 years was committing rape on her. It is also stated in the F.I.R. that there was extensive bleeding caused due to the said assault on the victim. Based on the allegation, the F.I.R. was lodged and the petitioner was taken in custody. Submission of learned counsel for the petitioner is that the victim and the offender were examined medically but medical report does not substantiate the allegation of rape. It is also submitted that there are other reasons for lodging the present case with material which has emerged in investigation, petitioner be granted bail by giving him the benefit. Some of the submission made at the bar is corroborated by the evidence which has been brought on record by the petitioner. 2 Taking the same into consideration with absence of corroborative material or the medical kind, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 6 of 2009. One of the sureties will be executed by the father of the petitioner on due identification. The petitioner will not intimidate the witnesses and will cooperate in the trial of the case either by appearing in person or through his counsel as the case may be. S. Ali (Ajay Kumar Tripathi, J.)