IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7984 of 2010 NAUSHAD ALAM @ ALI, S/O Md. Abdul Barik, R/O/V- Gosapurpatti, P.S. Birpur, District-Supaul....................................................Petitioner. Versus THE STATE OF BIHAR...............................................Opposite Party. ----------- 3. 17.05.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is languishing in jail in connection with a police case registered under Sections 376, 493, 323, 504/34 of the I.P.C. It is submitted by the learned counsel for the petitioner that the allegation in the F.I.R. is in two folds. Firstly that the petitioner promised to marry the informant and on that basis the guardian of the informant permitted the entry of the petitioner in his house but subsequently after completion of studies the petitioner has started demanding dowry for marrying the informant. The second part of the allegation is that on 28.09.2009 at 7.00 P.M. the petitioner forcibly took the informant and committed rape with her. It is submitted by the learned counsel for the petitioner that the second part of the allegation also constitutes no offence as 2 the medical report does not suggest any injury on the person of the victim girl or the sign of offence under Section 376 of the I.P.C. Moreover, the second part of the allegation has not been supported by the independent witnesses. It is further submitted that when the petitioner refused to marry then in retaliation to that the present case has been lodged by the informant. Moreover, the petitioner is languishing in jail since 05.01.2010 and he has no criminal antecedent. Considering the nature of the allegation and its non corroboration by the medical report, let the petitioner, Naushad Alam @ Ali be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur in connection with Birpur P.S. Case No. 93 of 2009. U.K. (Dinesh Kumar Singh,J)