IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33852 of 2008 SHEETAL SAH & BRIJ KISHORE PASWAN S/O-Late Birchha Paswan, R/O-Vill-Awasanpur, P.S.-Balthar, Distt.-West Champaran. …………………Petitioner. Versus STATE OF BIHAR ----------- 5/ 14.11.2008 Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Counsel appearing on behalf of the State. The complainant was directed to file an affidavit and to giving some details of her age in which she became widow, her husband’s age at the time of death and reason of his death, avocation of her husband at the time of his death and the names of other relatives and details of her children. Despite passage of more than 2 & ½ months no counter affidavit has been filed on behalf of the complainant. The petitioner is accused of a case which has been registered by way of a complaint in which the complainant has alleged that she has been raped by the petitioners and others. Submission is that subsequently the complainant filed a petition before the Court in which she has stated that she was an illiterate lady and was not knowing about the meaning of rape. The petitioners have only taunted her and so she filed a case but it was wrongly drafted and the allegation of rape was added. The compromise petition was also filed giving the similar details. The matter was inquired into vide Annexure-5 and the inspector of police has given a report that false case was lodged. - 2 - Further submission is that the complainant has lodged similar case against other persons also and entire litigation is only with a view to put the petitioners and others in a position in which they could not even dare to protest the complainant. Prayer for bail has been opposed by learned Counsel for the informant who has submitted that the complainant has filed a petition before the Judicial Magistrate, West Champaran in which she has stated that the accused persons are criminals and her thumb impression was fabricated upon compromise petition. The petitioners are in custody since 15.07.2008. Considering the facts and circumstances of the case, the petitioners Sheetal Sah and Brij Kishore Paswan are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., West Champaran, Bettiah in connection with Trial No. 1660 of 2007 arising out of Complaint Case No. 1673 C of 2003. kksinha/ (Shyam Kishore Sharma, J.)