IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49034 of 2008 GORKA CHAURASIYA @ MATHURA CHAURASIYA S/O-Bachchu Chaurasiya, R/O-Vill-Chhatarwar, P.S.-Pakaribarawan, Distt.-Nawada. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 09.04.2009 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the State and learned Counsel for the informant. The petitioner is accused of the case which has been registered under Sections 376/511 of the Indian Penal Code on 10.09.2008 on the basis of a complaint case. Later on, the case was converted under Section 376 of the Indian Penal Code vide order dated 14.10.2008. The alleged occurrence is of 16.05.2008. The complaint has been filed on 19.05.2008 in which the complainant has alleged that the petitioner and others have committed rape upon her. Submission is that prior to the present case, a police case was lodged on 17.05.2008 (Annexure-2). In that case Chhote Chaurasia was assaulted by Ambika Prasad Chaurasia, Bhola - 2 - Prasad Chaurasia. The present case has been lodged only with a view to put pressure in that case. Further submission is that Bhola Prasad Chaurasia and Ambika Prasad Chaurasia are the witnesses of the counter case (Annexure-2). Prayer for bail has been opposed by learned Counsel for the informant/complainant who has submitted that there is direct allegation against the petitioner. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Pakaribarawan P.S. Case No. 80 of 2008. kksinha/ (Shyam Kishore Sharma, J.)