IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36914 of 2010 CHINTU NAT @ CHINTU RAI, SON OF CHANDRAMA RAI, RESIDENT OF VILLAGE SAHPUR, POLICE STATION SHEOSAGAR, DISTRICT ROHTAS AT SASARAM. Versus STATE OF BIHAR ----------- 3. 9.12.2010. Heard Shri Bikramdeo Singh, learned counsel for the petitioner and Shri B.N. Pandey, learned Additional Public Prosecutor for the State. The petitioner, who is in custody in Sheosagar P.S. Case No.63 of 2010 for the offence under Sections 366, 376/34 of the Indian Penal Code, has prayed for grant of bail. Accusation against the petitioner is that he along with other two accused persons kidnapped the informant on 6.3.2010. Thereafter, she was kept in a rice mill. There, she was also raped by the accused persons including the petitioner. It was submitted that as per the prosecution case, the victim was kidnapped on 6.3.2010. The victim girl was a married lady and subsequently, on 9.3.2010, she returned back to her home and on the basis of her fardbeyan, the present F.I.R. was lodged. It 2 was submitted that immediately thereafter, the victim was got examined medically. However, no sign of rape was found. It was further submitted that during investigation, the police had examined altogether six persons as witnesses, out of six, three are father, mother as well as the victim and three are independent witnesses. The statement of independent witnesses finds place at paragraphs 9, 10 and 12 of the case diary, who have categorically stated that the victim was having love affair with the petitioner even since prior to her marriage. It was submitted that the fact indicates that the victim herself had gone with the accused persons and subsequently, after noticing that he may not be suspected by her husband, a false case was cooked up and petitioner was roped in. Learned Additional Public Prosecutor has opposed the prayer of the petitioner. However, he does not dispute that three independent witnesses have stated regarding the old affair of the petitioner and the informant i.e. victim girl. In view of the facts and 3 N.H./ circumstances, let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Sheosagar P.S. Case No.63 of 2010. ( Rakesh Kumar,J.)