IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51133 of 2008 RAKESH RAI @ RAKESH KUMAR @ RAKESH KUMAR RAI S/O JHINGAN RAI, R/O VILLAGE- DHARFARI, P.S.- DEORIA, DISTRICT- MUZAFFARPUR Versus STATE OF BIHAR ----------- 3 09/04/2009 Heard learned counsel for the petitioner, State and informant. Informant Ekbal Rai has alleged that his daughter went to attend call of nature. The petitioner asked her to accompany when she refused then the petitioner raped her. She was taken away somewhere. In course of investigation statement of the victim under section 164 Cr.P.C. has been recorded in which she has supported the factum of kidnapping but denied the allegation of rape. Submission is that the alleged occurrence has never taken place. The informant and the victim had filed a petition before the court saying that the case was false. The victim has already married and is leading happy conjugal life. Prayer for bail has been opposed by the learned APP assisted by the counsel for the informant. Considering the facts and circumstances of the case, the petitioner Rakesh Rai @ Rakesh Kumar @ Rakesh Kumar Rai is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Muzaffarpur - 2 - West in connection with Deoria P.S. Case No. 04 of 2007. avin (Shyam Kishore Sharma, J.)