IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28276 of 2008 1. GOVIND PASWAN 2. MD. SALIM 3. MD. SAJIM -------PETITIONERS Versus THE STATE OF BIHAR----OPP. PARTY ----------- 4. 23.9.2008 Heard. The allegation is very serious on the face of it and no reasonable man could even be thinking of entertaining a thought of directing release of the three petitioners. However, after hearing learned counsel for the petitioners, this Court finds that the lady is conducting herself in a manner as if she were a daring fish in the deep sea whose course could not be fixed by any one. Govind Paswan(petitioner no.1) has been named with specific allegation in the F.I.R. has been exonerated in further statement of the lady. As regards Md. Salim( petitioner no.2), he was exonerated in her further statement and in his place his elder brother was roped in. Further aspect of the matter is that the occurrence had taken place on 28.3.2008 and the case was initiated on 1.4.2008 and the landy has alleged that the persons who had ravished her so brutally, as detailed by her, had again come to her house and threatened her. The contention is that the allegation simply improbable and absurd. The further part of the contention was that some of the facts and circumstances of the offence like a particular injury( teeth marks) on a particular part of the body of the prosecutrix was not found by the doctor and that also tells a lot - 2 - about the merit of the allegation. Regard being had to the facts and circumstances of the case and the contention and the fact pointed out by the petitioners, let petitioners named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Katihar, in connection with Muffasil P.S. case no.40 of 2008. sudip ( Dharnidhar Jha,J )