IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13111 of 2008 RAMESH THAKUR, son of Sidhnath Thakur @ Sri Nath Thakur, resident of village Gaura, P.S. Bihia, District Bhojpur ….Petitioner Versus THE STATE OF BIHAR …… Opposite party ----------- 12/ 03.12.2008 Heard learned counsel for the petitioner, the State and the Informant. Petitioner is an accused in a case under Section 376 and other allied Sections of the Indian Penal Code and is named in the First Information Report along with one Angad Thakur, who has not been sent up for trial. So far petitioner is concerned, there is direct allegation against him in the First Information Report, but the persons of the vicinity, who are said to have arrived at the scene of occurrence after hearing alarm raised by the victim, do not support the factum of occurrence. In consideration of the Report of the Director, Forensic Science Laboratory, Patna dated 7.3.2008, which only indicate that the Blood Group of the prosecutrix and the petitioner is B as also the statement of the witnesses, who arrived at the scene of the occurrence and stated that no such occurrence had taken place, I direct the petitioner, Ramesh Thakur to be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihia( Bahoranpur) P.S. Case No. 96 of 2007. The Chief Judicial Magistrate, Bhojpur is, however, 2 directed to act in the light of the instructions contained in letter dated 25.2.2008 of the In-charge Director, Forensic Science Laboratory, Patna, as contained in Annexure-4 to the rejoinder affidavit filed today and the semen of the victim on the Petticoat Ext. A and semen of the petitioner in the plastic jar, Ext. B be sent to the Forensic Science Laboratory, Kolkata for D.N.A. test. The provisional bail granted to the petitioner shall be subject to the result of the D.N.A. test. Arjun/ (V.N. Sinha, J.)