IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5489 of 2011 Bikram Paswan, son of Ajodhi Paswan, resident of Mohalla – Kutubganj, P S – Mojahidpur, District – Bhagalpur - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 17.03.2011 Petitioner is in custody in relation to Mojahidpur (Babarganj) Police Station Case No 141 of 2010 instituted, inter alia, under Section 376 of Indian Penal Code. The informant/prosecutrix alleges that in the night of 08.09.2010, the petitioner alongwith four others, forcibly entered her room, silenced her under threat and petitioner and one Bhanu Paswan ravished her one after another and took away jewellery after tying her. Upon her cries, her husband, who was sleeping in an adjacent room, came and untied her. Learned counsel for the petitioner states that petitioner and the informant are neighbours. They could not have done such act without concealing their identity. It is further stated that the victim lady, on that day itself, was immediately examined medically and after physical and pathological test, the doctor clearly opined that there was no sign of any recent sexual intercourse much less rape. Petitioner states that he and others have been falsely implicated. Apprehending such implication, several months earlier itself, they have given application to the Chief Judicial Magistrate clearly stating their apprehension for being implicated in a false case at the behest of the informant’s husband and other related persons. Having considered the fact that the petitioner is in custody 2 since 23.10.2010, he is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Mojahidpur (Babarganj) Police Station Case No 141 of 2010. M.E.H./ (Navaniti Prasad Singh)