IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38433 of 2008 NARAYAN MAHTO @ RAM NARAYAN MAHTO … Petitioner Versus THE STATE OF BIHAR … … Opposite Party For the petitioner: Shri Manish Mishra For the State: Shri Dashrath Mehta,A.P.P. - - - - 2. 15.10.2008 Heard Shri Manish Mishra, learned counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The allegation is of committing rape upon the prosecutrix while she was out of her house to attend the call of nature. The contention is that the complaint petition was filed after more than two months of the incident only because there is a pending litigation between the parties on account of the petitioner having filed a case earlier with the police bearing Rosera P.S.Case No. 178 of 2006 against the complainant and others. The further contention is that it is only with a view to harassing the petitioner as also to put criminal pressure upon him that a false case has been instituted. Regard being had to the above facts and 2 circumstances as also the contention, let the petitioner Narayan Mahto alias Ram Narayan Mahto be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera in Rosera P.S. Case No. 81 of 2007. Kanth ( Dharnidhar Jha, J.)