IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34874 of 2009 MD. SAFIQUAL . S/o Suleman resident of Village Mongara PS Katihar Mufassil Dist. Katihar Petitioner Versus STATE OF BIHAR Opposite party --------- 3 24.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is made accused in connection with Katihar (M) P.S. Case No. 66/09 for the offence punishable under Sections 341, 376, 324 and 307/ 34 of the Indian Penal Code. Substance of allegation against the petitioner is of waylaiding the informant’s sister and thereafter committing rape on her. It is alleged that on alarm being raised by the sister of the informant, villagers apprehended this petitioner and hand him to the police. Learned counsel for the petitioner submits that the allegation as set out in the F.I.R is not correct and the parties are on litigating terms. He further submits that the victim has not instituted the case rather the same has been instituted by her brother. He further submits that the date of the occurrence is said to be on 17.6.2009 whereas the F.I.R has been instituted on 21.6.2009 i.e. after delay of four days. He further submits that even in the injury report doctor has not found any clear report of rape. He thus submits that the story as set out in the F.I.R becomes doubtful. Considering the facts and circumstances of the case, let the petitioner, Md. Safiqual be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of the Chief Judicial Magistrate, Katihar in connection with Katihar (M) P.S. Case No.66/09. shahid (Jyoti Saran, J. )