IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19332 of 2008 KUKU KESHARI Versus STATE OF BIHAR ----------- 02 19.05.2008 Heard. Petitioner Kuku Keshari is an accused in a case instituted under section 376/34 of the Indian Penal Code. As per the F.I.R. there is allegation that co-accused Ranjeet Keshari along with two other persons had committed rape on the victim, who is a minor girl. It is further said that the said Ranjeet Keshari named this petitioner among two other accused who had committed rape on the victim girl. It has been submitted by the learned Advocate of the petitioner that the petitioner was not put on T.I. Parade to establish that he was present at the time of alleged occurrence along with Rajeet Keshari. Learned advocate further submitted that (Annexure 1) injury report does not support the commission of rape upon victim girl ( Priyanka Kumari) who is only aged about 10 years. Learned advocate further submitted that as per injury report, no injury was found on the Valva and vagina of the victim either inside or out side. No injury was found on the other parts of the body and the examination of Vaginal swabs established that no spermatozoa was detected. He further submitted that the injury report creates doubt about the entire allegation of committing rape by three persons. Considering the submission and the fact that the - 2 - injury report creates doubt about the commission of rape on the victim by three persons, I am of the view that the petitioner should be enlarged on bail. Accordingly petitioner, Kuku Keshari is ordered to 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 Chief Judicial Magistrate, Banka in Rajaun P.S. case no. 10 of 2008. Uday/ ( Syed Md. Mahfooz Alam, J. )