IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37300 of 2008 SUDHANSHU SHEKHAR SINGH Versus THE STATE OF BIHAR ----------- 4. 07.01.2009 Heard Sri Amrit Abhijat, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case has been registered under different sections of the IPC including 376. The allegation is that the prosecutrix was gang raped by the accused persons, who entered into her house with deadly weapons and also assaulted her. Besides, the accused persons also committed theft of different properties from the house of the lady. It is contended that the occurrence is dated 24.6.2008 and twelve days prior to that date, i.e., 12.6.2008 the petitioner and others had been assaulted by the lady and others of her family for which Supaul P.S. Case No. 136 of 2008 had been lodged and that the medical evidence did not support the story of rape. The further contention is that the petitioner was assaulted so much so that he was referred to higher medical institutions and he got treated at Dharan in Nepal as per the advice of the doctor first attending upon him. In support of the contention annexures have been filed - 2 - on the main petition as also through the supplementary affidavit. The learned Additional Public Prosecutor has resisted the prayer for bail pointing out the not stacking look of the incident. Regard being had to the report of the lady doctor, who examined the informant in the light of the allegations under Section 376 IPC and considering the state of health of the present petitioner who was undergoing treatment for his injuries, besides enmity between the parties, let petitioner Sudhanshu Shekhar Singh 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 Magistate, Supaul in connection with Supaul P.S. Case No. 150 of 2008. DKS/ (Dharnidhar Jha, J.)