IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16567 of 2011 Md. Wasil @ Wasil, S/O-Late Shekh Musai Versus The State Of Bihar ----------- 03 18.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Originally, informant filed a complaint case on 05.10.2010 and the said complaint case was sent to police for institution of the first information report and investigation and subsequently, Falka P.S. Case No. 178 of 2010 under Section 376/34 of the Indian Penal Code was registered against the petitioner and one Md. Sazim. Allegedly, petitioner raped the informant in a field when informant had gone there at the call of co-accused Md. Sazim. The contention of learned counsel for the petitioner is that in complaint petition it has been alleged that one Md. Buddhu and Ayesha Khatoon came at the place of occurrence when after the alleged occurrence informant raised alarm. Learned counsel for the petitioner drew my attention towards Para-9 of the case diary in which the statement of aforesaid Md. Buddhu has been incorporated by the Investigating Officer. The aforesaid Md. Buddhu is none else than own brother of the informant and the aforesaid witness has stated that after the alleged occurrence he came at his home and then informant narrated the entire incident to him. Further contention of learned counsel for the petitioner is that the petitioner is co-villager of the informant and, as a matter of 2 fact, the instant case has been brought by the informant at the behest of enemies of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Falka P.S. Case No. 178 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)