IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30452 of 2011 Md. Nasir Versus The State Of Bihar ----------- 03/ 04.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 1.7.2011 in a case registered under sections 376, 306/34 of the IPC. Allegedly, petitioner along with other accused committed rape on the informant’s daughter and subsequently, being fed up with the incident, informant’s daughter committed suicide by hanging herself. Learned counsel for the petitioner drew my attention towards this fact that according to the prosecution case the alleged occurrence took place in the night of 7.4.2010 and the written report was prepared by the scribe on 15.4.2010 but subsequently, after cutting the date of written report the aforesaid written report was presented before the Officer Incharge, Katihar police station on 20.4.2010 and the present case was registered on the above stated date. It is also pointed out by him that father of the deceased lodged UD case no. 1/2010 on 7.4.2010 and in the aforesaid UD case, police reached at the place of the occurrence but no story of rape was stated by the informant or her other family members before the above stated police officials. It is further contended by him that, as a matter of fact, subsequently, petitioner has been roped in this case and in course of investigation, some witnesses have stated only to this extent that the - 2 - petitioner and the victim girl were seen going towards outside the village. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Md Nasir, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Mansahi P.S. Case no. 18/2010. shahid (Hemant Kumar Srivastava,J)