IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17912 of 2009 BIRBAL RAM Versus STATE OF BIHAR ----------- 3 23.07.2009 Heard both sides. The petitioner, claims to be aged about 65 years, is facing charge of having committed rape on a lady who resides next door. The allegation is that the petitioner with his son entered into the room, when the informant was alone. They fisted and slapped her. Son, thereafter, moved out of room and thereafter the petitioner committed rape on her. Learned counsel submits that the some of the family members in course of investigation have supported the allegation . However, the own devar of the prosecutrix did not support the allegation so far as commission of rape is concerned. It is submitted that all other independent witnesses have supported the fact that there was a marpit. There was an assault owing to previous disputes but no rape was committed by the petitioner. Learned counsel submits that the police upon conclusion of investigation found the charge of commission of rape not sustainable in view of the materials collected in course of investigation including the medical report which does not indicate that the lady was ravaged within a day or two. It appears that on these findings, he was privileged with police bail on which he continued for some time. Ultimately, the court on the basis of 2 protest petition, differed with the opinion of the police and took cognizance under section 376 as well. It is contended that the petitioner is in custody since 30.3.2009. Having regard to these facts, this court is persuaded to admit him to bail. In the facts and circumstances of the case, let petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.K. Mishra, J.M. Kaimur at Bhabua in connection with Ramgarh P.S. case no. 47 of 2007 (Tr. No. 1965 of 2009. pkj ( Kishore K. Mandal, J. )