IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25360 of 2009 BINDESHWAR MANJHI, Son of Prasad Manjhi,, Resident of village Saraiya Mushar Tola, P.S. Saraiya, District Muzaffarpur ………… Petitioner Versus STATE OF BIHAR …….. Opp. Party For the petitioner : Mr. Surendra Kr. Mishra, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ------- 3 29.10.2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 376/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that a complaint case was initially filed alleging rape upon the informant by the petitioner. However there is no medical evidence in support of her allegation. Subsequently during the course of investigation the informant has retracted from her version and stated in her further statement before the police that the petitioner was guilty of quarrel and scuffle but had not raped. The petitioner is in jail custody since 17.11.2008. Learned counsel for the State submitted that allegation is of committing rape upon the informant, - 2 - however, from paragraph 52 of the police case diary it appears that the informant has retracted from her version and did not support the allegation of rape. In the facts and the circumstances of the case, the petitioner, BINDESHWAR MANJHI, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate (W), Muzaffapur, in connection with Saraiya P.S. Case No.167/05, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)