IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5510 of 2009 BHULLU RAI Versus STATE OF BIHAR ----------- 2 11/05/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case which has been registered under section 376 of the Indian Penal Code. The informant has alleged that she has been raped by the petitioner and others. Submission is that in course of medical examination the factum of rape was not corroborated. The fact is that the implication is at the behest of Nawal Rai, the Mukhiya of Chiraiya Gram Panchayat. The victim has been deserted by her husband and the present case has been lodged in retaliation of Bakhtiyarpur P.S. Case No. 140 of 2001 registered under section 302 of the Indian Penal Code and section 27 of the Arms Act. It is further submitted that the petitioner has no criminal history. He is in custody since 4.10.2008. In course of supervision the prosecution story was disbelieved and prosecution under sections 182 and 211 of the Indian Penal Code was not recommended only because the informant was a lady. Prayer for bail has been opposed by the learned APP assisted by the learned counsel for the informant. It is submitted 2 that it is a case of gang rape and without any positive material the prosecution case was disbelieved. Considering the facts and circumstances of the case, the petitioner Bhullu Rai is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M./concerned Court, Barh in connection with Bakhtiyarpur P.S. Case No. 181 of 2007. avin (Shyam Kishore Sharma, J.)