IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27704 of 2008 BECHAN DAS, Son of Kari Das @ Muneshwar Das, resident of Village – Haripur, P.S. – Raghopur, District – Supaul. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 07/ 15.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a complaint case which was registered for the offence under Section 376 and other allied sections of the Penal Code and petitioner is alleged to have committed rape on the complainant in her house. It is submitted on behalf of the petitioner that the allegation is absolutely false in the light of the evidence of Rupa Devi, who is cited as a witness in the complaint and her statement was recorded by the I.O. when the complaint was referred to the police for investigation. Such statement is recorded in paragraph 14 of the case diary. Let the court below consider the case of the petitioner for release on bail in the light of the statement of Rupa Devi recorded in paragraph 14 of the case diary and if it is true that the manner of occurrence as stated in the complaint is not corroborated by her in her statement recorded before the I.O., then appropriate orders admitting the petitioner to the privilege of bail be passed as by now petitioner has remained in jail custody for about one year. Let this order be communicated to the court of the S.D.J.M., Birpur, Supaul in connection with Raghopur P.S. Case No. 79 of 2007 through fax on payment of usual charges by the petitioner. DKS/ (V.N. Sinha, J.)