IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33373 of 2010 MD.NASEEM Versus STATE OF BIHAR & ANR ----------- 3 20.01.2011 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Admittedly, Abadpur P.S. Case No. 07 of 2010 was registered on the basis of Complaint Petition filed on behalf of the informant. Allegedly, the informant was kidnapped, confined and raped by petitioner and some other persons. It is evident from perusal of Annexure-2 to this bail petition that the statement of informant was recorded u/S 164 of the Cr.P.C. but in the aforesaid statement, she has not even whispered about the so-called story of sexual assault. No doubt, in the aforesaid statement, she has stated that she was kidnapped and confined by the petitioner and some others for two months 10 days but she has also admitted in the aforesaid statement that the petitioner is none else but her brother-in-law. The contention of Learned counsel for the petitioner is that the above said case has been lodged by the informant on account of some property dispute. Although Learned counsel for the petitioner appearing for the informant tried to convince me about the story of rape by placing medical evidence but I am not at all convinced with his - 2 - submission, particularly, keeping in mind the statement made by the informant in her statement recorded u/S 164 of the Cr.P.C. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Md.Naseem is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Abadpur P.S. Case No. 07 of 2010 to the satisfaction of Chief Judicial Magistrate, Katihar. AKV/- (Hemant Kumar Srivastava,J.)