IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3595 of 2011 MD. NAZIR @ NAJIR @ NAJIR AHMAD Versus THE STATE OF BIHAR ----------- 02 17.03.2011 It is pointed out by learned counsel for the petitioner that in the impugned order the name of petitioner has been mentioned as Md. Najir @ Najir Ahmad whereas in petition it has only been typed as Md. Nazir. Learned counsel for the petitioner is permitted to make necessary corrections within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Originally, informant filed complaint case, which was converted into Kadwa P.S. Case No. 173 of 2010 registered under Section 376 and 366 A of the Indian Penal Code. Although, there is allegation against the petitioner that he induced the informant and took her away at his home where he committed rape on her but when the victim was medically examined, no sign of recent rape was found on her rather doctor opined that she had been used for sexual intercourse since long. Contention of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and even if, the prosecution story assumed to be true, then also, facts disclose that the informant was a consenting party. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with above stated Kadwa P.S. Case No. 173 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)