IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.15027 of 2009 ***** Sunil Mahaldar @ Sunil Mandal, son of Mahendra Mahaldar, resident of village- Maheshkhor, P.S. Sanokhar, District-Bhagalpur. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 10.8.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody since 21.2.2009 for offences under Sections 452, 376, 511, 323, 504 and 506 of the Indian Penal Code. The case in question is Sanokhar P.S. Case No.11/09. Allegation is that the petitioner entered in the house of the informant, enquired about her mother and thereafter grabbed the informant and ordered her to undress. It is stated that since the petitioner was in intoxicated state the informant managed to rescue herself and locked him in a room and then escaped. Submission of the counsel is that no substantive offence of rape is made out even according to the allegation though at the most outraging the modesty cannot be ruled out. Contention is that it is a false implication because the informant and the petitioner are gotiyas and the present case has been filed for previous enmity. Looking at the allegation made in the F.I.R. and the period petitioner has been in custody, let the petitioner, namely, Sunil Mahaldar @ Sunil Mandal be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Sanokhar P.S. Case No.11/09. One of the sureties will be executed by the father of the - 2 - petitioner on due identification. It is further recorded that the petitioner will neither intimidate the informant or any witnesses and will cooperate in the trial of the case. Any abrasion made will disentitle the petitioner from the privilege of bail. Pawan/- (Ajay Kumar Tripathi, J.)