IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15909 of 2009 KAMLESH PASWAN & ANR Versus STATE OF BIHAR ----------- 02/ 22.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for bail has been filed by the petitioners, who are accused for offences punishable under sections 376 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that although the allegation of a very serious nature of gang rape has been levelled in the F.I.R. against the petitioners but subsequently the informant along with her father filed a petition in the court below with affidavit and photographs that the entire allegation is false and frivolous and it was Sukhdeo Ram who got the signature of the informant on a sada paper telling her that she will be given Rs.50,000.00 for marriage and the said paper was used for preparation of the Fardbeyan. Learned counsel for the petitioners also avers that the entire statement in the Fardbeyan is absolutely false and no such occurrence had ever taken place nor she recognizes the petitioners and hence let the case be dropped. Learned counsel for the petitioners further avers that the aforesaid fact is also supported by the medical report which shows that the age of the alleged victim was 18+1 years and there is no positive evidence to suggest commission of sexual intercourse with her. Learned counsel for the petitioners also submits that the petitioners 2 are in custody since 17.11.2008 when they had surrendered. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioners, namely Kamlesh Paswan and Jamil Khan shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Bishanpur P.S. Case No. 14 of 2008. harish/ ( S.N.Hussain, J)