IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5769 of 2009 ABHAY RAI, SON OF SRI NAGENDRA RAI, RESIDENT OF VILLAGE-RAHMATPUR, P.S. MANHAR, DISTRICT-VAISHALI. ………………………………………………………………PETITIONER. Versus THE STATE OF BIHAR……………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Subodh Kumar Jha, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ---------- 3. 21.4.2009. The learned counsel for the petitioner is permitted to make correction in the prayer portion of the application. Heard the learned counsel for the petitioner, Abhay Rai, the sole F.I.R. named accused of Manhar P.S. Case No.7 of 2008 registered under Section 376 I.P.C. and is in custody since 29.7.2008 in connection therewith. The allegation against the petitioner as given by the informant who herself is the victim is of having committed rape on her on 18.1.2008 at around 6 P.M. She alongwith her family members appear to be supporting the prosecution case but medical report of her examination which was done soon after the alleged occurrence renders allegation of 376 I.P.C. in the negative. That apart the police appears to have failed in its duty in recording the statement of the victim girl under Section 164 Cr.P.C. which in view of the major discrepancies in her fardbeyan as also her further statement was a necessary requirement. - 2 - In the facts and the circumstances of the case, the petitioner, Abhay Rai, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Presiding Judge, Fast Track Court No.V, Vaishali at Hajipur in connection with Sessions Trial No.119 of 2009 arising out of Manhar P.S. Case No.7 of 2008. It is made clear that one of the sureties will be his father and the other will be a Government Servant. It is also made clear that the petitioner will not absent himself from the court on any of the dates fixed in the case and if he absents himself from the court without seeking prior permission of the court, his bail bond shall be cancelled immediately. P.S. (Abhijit Sinha,J)