IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26768 of 2010 MANOJ KESHRI Versus STATE OF BIHAR ----------- 2 06.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Complaint Case No. C.A. No. 2485 of 2006 (Banmankhi P.S. Case No. 133 of 2005) for offences punishable under Sections 376 of the Indian Penal Code. Learned counsel for the petitioner submits that initially the complainant had filed a complaint giving rise to Complaint Case No. 765 of 2005 and which upon registration under Section 156(3) of the Code of Criminal Procedure gave rise to Banmankhi P.S. Case No. 133 of 2005. The police upon investigation submitted final form which has been placed at Annexure-2 of the application. It is stated that the present case arises from the protest petition filed by the Complainant against the final form and which was registered as Complaint Case. Learned counsel for the petitioner with reference to the final form present at Annexure-2 submits that the allegation 2 of rape against this petitioner along with one Navratan Choudhary on 22.4.2005 is a retaliatory action by the prosecutrix against the F.I.R. instituted by this petitioner against her son-in- law giving rise to Banmankhi P.S. Case No. 76 of 2005. He further submits that innocence of the petitioner is evident not only from the final form present at Annexure-2 of the application but also from the compromise petition placed at Annexures-3 and 4. He further submits that there is no medical report supporting the allegation. It is submitted that the accused Navratan Choudhary was granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 21595 of 2010 vide order passed on 20.7.2010. Considering the circumstances and the submissions of learned counsel, let the petitioner namely, Manoj Keshri, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Complaint Case No. C.A. No. 2485 of 2006 (Banmankhi P.S. Case No. 133 of 2005). Bibhash ( Jyoti Saran, J.)