IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6501 of 2010 S.K.KHALIL @ MD.KHALIL, SON OF SEKH ALLAUDDIN, RESIDENT OF VILLAGE-RAMJANI, P.S. JANKINAGAR, DISTRICT-PURNEA…….PETITIONER. Versus THE STATE OF BIHAR……………OPPOSITE PARTY. --------- For the Petitioner : Mr. Raj Kumar, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. -------- 3. 13.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 376/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the complaint case with regard to the allegation of rape was lodged after a lapse of more than 1 and 1/2 months, which itself indicates towards the falsity of the allegation of rape. It has also been submitted that during the course of investigation, the independent witnesses have stated that there was illicit relationship between the petitioner and the complainant/informant already, i.e., prior to the date of occurrence and when some persons had seen them, the - 2 - allegation of rape has been made. The petitioner is stated to be in custody since 5.12.2009. Learned A.P.P. for the State submitted that though the alleged occurrence is of 5.5.2009 , however, the complaint case was filed on 23.6.2009, which was forwarded to the concerned Police Station for investigation and on which an F.I.R. was lodged. The complainant/informant has also supported the allegation of rape, however, some of the witnesses have not supported the same. Having regard to the facts and the circumstances of the case, the petitioner, S.K. Khalil @ Md. Khalil, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Jankinagar P.S. Case No.68/09 (G.R. No.2000/09), with a further condition that the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial in the court below without any - 3 - reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)