IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30828 of 2008 MD.BADAR, Son of Md. Yasin, resident of Village- Malahbigha, P.S.-Islampur, District-Nalanda. Versus THE STATE OF BIHAR ----------- 2 17.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 376 of the Indian Penal Code. Allegation against this petitioner and one accused is of committing rape on the prosecutrix. However, in the medical examination no sign of rape was found by the Doctor on the person of the prosecutrix. After investigation police has submitted final form in the case finding the case under Section 376 as false. However, cognizance has been taken by the Magistrate in the case after submission of final form by the police. Petitioner is in custody since 31.3.2008. It is said that the petitioner has no criminal antecedent. In the facts and circumstances of the case, this application is allowed. Let petitioner, namely, Md. Badar be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa in connection with Islampur P.S. Case No. 171 of 2007. Arvind/ ( J. N. Singh , J. )