IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35372 of 2009 Chandan Singh, S/o Sidho Singh, Resident of Vill-Anti, P.S. Kadirganj (Nawadah), Dist.-Nawadah. -------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 3 8.12.2009 Heard learned counsel for the petitioner and counsel for the State. It is really unfortunate that even allegation for an offence under Section 376 of the Indian Penal Code is being made with impunity as now appears to be also the fate of the present case. The complainant, claiming to be aged about fourteen years had initially filed the complaint case on 23.4.2008 holding that her modesty was outraged in a broad day light and her parents being not only the witness to an unfortunate act but also had rescued her from the clutches of the petitioner. Normally, such statement of the prosecutrix was good enough even for conviction of the petitioner but then there is a new twist to the tale in which the complainant-informant in her application filed in the court on 8.7.2008 i.e. well before the complaint was sent by the court for 2 institution of the police case under Section 156(3) of the Code of Criminal Procedure had reciled completely from her own statement in the complaint petition. Her such change of heart and statement was also looked into by the police officer who had submitted his report to the court on 20.8.2008, wherein, it was reported that the complainant/informant even before the police had admitted that no offence of rape or any untoward incident as alleged in the complaint petition had taken place. In presence of all these materials, while the petitioner would be entitled for grant of bail, a question mark would now be against the conduct of the complainant- informant. This Court, in fact, for this purpose had also issued notice to the complainant/opposite party no.2 and her counsel on instruction has submitted that whatever has been stated in the compromise petition is correct. He has, therefore, also supported the stand of the petitioner that no offence of rape as alleged in the complaint 3 petition filed by the opposite party no.2 has been committed. In that view of the matter, while this Court would not only deprecate the practice adopted by the opposite party no.2 to misguide the court as also blackmail the petitioner but would also severely warn her to be more careful in future because illiteracy cannot be made a licence for bartering dignity of an Indian woman. With the aforementioned observations, this Court would direct for release of the petitioner, namely, Chandan Singh on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Nawadah (T) P.S. Case No. 348 of 2008. Rsh (Mihir Kumar Jha, J.)