IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32061 of 2009 AMRNEDRA RISHIDEO son of Gyani Rishideo, resident of village- Lakshmipur Chandi Sthan, Police Station- Kumar Khand, District- Madhepura…. Petitioner. Versus STATE OF BIHAR . ----------- 3. 24.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for offence under Section 376/511 of the Indian Penal Code and the specific allegation against him is that on the fateful day he had tried to outrage the modesty of the victim prosecutrix who could save her dignity only on account of arrival of other persons at the place of occurrence, a field where the prosecutrix is said to have been cutting grass. Counsel for the petitioner would point out that the allegation seems to be concocted inasmuch as in broad day light about 9 a.m. in the morning it would be absurd to suggest that the petitioner, a co- villager would like to risk his own life and identity specially when the field was not lonely place inasmuch as other persons were also around the said field. Counsel for the petitioner would 2 further submit that the petitioner in fact has been made accused on account of village politics and the election. From the materials in the case-diary it is found that only the family members of the prosecutrix have supported the prosecution version and while two of them namely sister-in-law and mother- in-law are said to have found the petitioner in an objectionable mode sitting over chest of the prosecutrix and other two persons claim to have seen the petitioner fleeing away from the place of occurrence or to have apprehended. Nothing has been found by the investigating officer to suggest that the prosecutrix had undergone any injury on any portion of her body in the said altercation. That apart, when it is now clear that the offence of rape was not committed, this court would taking into account that the petitioner has got no criminal antecedent and has remained in custody for a period of more than six and a half months, would direct for release of the petitioner on the following conditions:- (i) the court below will verify the 3 criminal antecedent of the petitioner and would grant bail to him only if there is no criminal case pending against him. (ii) one of bailors must be the deponent of this bail application, father of the petitioner. (iii) in any event, the petitioner will not cause any threat or coercion to the prosecution parties and if there is any allegation with regard to tampering of evidence against the petitioner, court below on examining the same will be at liberty to cancel the bail of the petitioner. (iv) the case against the petitioner being absolutely confined on the statement of five persons as named in the case-diary, this court would direct for expeditious trial and the petitioner must remain present in course of either framing of charge or in course of subsequent trial. The absence of petitioner in course of such trial on two consecutive 4 dates will make him liable for cancellation of his bail. Subject to fulfillment of the aforementioned conditions, the petitioner namely Amrendra Rishideo shall be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Kumar Khan P. S. Case No. 50 of 2009. kanchan (Mihir Kumar Jha, J.)