IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53140 of 2008 POGAL SHARMA, S/o Binda Singh, Resident of village – Badki Kopa (Kopa Kala), P.S. – Naubatpur, District – Patna. Versus THE STATE OF BIHAR ----------- 2. 02.02.2009 Heard Smt. Veena Rani Prasad, Advocate for the petitioner, Sri Manish Kumar, Advocate for the informant and Sri Dasrath Mehta, APP for the State. The case is under Sections 376 & 379 of the IPC. The written report of the informant is the basis of the FIR in which she has alleged, firstly, being dragged inside a sugarcane field, so as to sexually assaulted and, secondly, of being relieved of a gold ornament by the petitioner. The occurrence took place on the 24th of November, 2006 and the lady was examined by the lady doctor on the 25th of November, 2006 within 12 hours of the incident and the medical report indicated that the deep swab from the vaginal track of the lady was taken, examined and that did not reveal any evidence of rape. Other circumstances, which have been stated by the lady doctor in her report (Annexure -2) is that there was not even a minor scratch on the person of the lady indicating as if she had not been dragged over such a rough terrain, like, a sugarcane filed. The place of - 2 - occurrence, which has been pointed out to me by both the learned counsel for the petitioner as also of the informant by reading out from their copies of the case diary, has been described containing damaged and broken sugarcane plants on account, probably, of the lady being dragged inside the filed and put to the grounds for the commission of the offence. It is ordinarily expected that the lady ought to have received some specific and perceptible injuries. Other parts of the medical report when considered in their true perspective could also give inkling as to what could be the stage of the physic of the prosecutrix. I do not want to dwell much over it because of the reason that it might be a synopsis on the privacy of a lady. The contention is that the petitioner being the man of the present Mukhia, who was opposed to the Ex-Mukhia, has been dragged into a false case on account of being one of the elected panches of the Executive of the Mukhia. The doctor, it was contended, might not have been more definite in negating the story, but the learned counsel took me through the recorded statement under Section 164 of the Cr. P.C. to point out as to how the lady was not sure about the - 3 - story, she was likely put for trial. Regard being had to the facts of the case and the contentions, let petitioner Pogal Sharma be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 156 of 2006. DKS/ (Dharnidhar Jha, J.)