IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16195 of 2011 Mahir Kumar @ Manji @ Mihir Kumar Versus The State Of Bihar ----------- 04/ 19.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 5.1.2011 in a case registered under section 376 of the IPC. There is specific allegation against the petitioner that he committed rape on the victim but submission of behalf of the petitioner is that much prior to the alleged occurrence grand father of the victim had executed a deed in favour of father of the petitioner in respect of his land after taking Rs 50,000/- but subsequently, grand father of the victim refused to fulfil his promise given in the aforesaid deed and thereafter father of the petitioner filed title suit bearing Title suit no. 270/1993 in the court of Sub-Judge III, Danapur and on account of the aforesaid land dispute, grand father of the victim brought this false case against the petitioner. It is also pointed out by him that the victim girl was medically examined on the alleged date of the occurrence but no injury was found on her person and apart from this, no spermatozoa was also found. So, non-finding of spermatozoa negates the claim of the victim. It is also contended by him that as per medical report, victim was found aged about 14 to 16 years and the petitioner is aged about 35 years. On the other hand, learned counsel for the informant 2 opposed the prayer on the basis that in course of investigation, witnesses have supported the prosecution story and at para 8 of the case diary, witness has specifically stated about previous conduct of the petitioner. The trial court has reported that case of the petitioner has not been committed to the court of session as yet and the same is still pending for commitment. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Mahir Kumar @ Manji @ Mihir Kumar @ Mihir Kr Manjhi, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur in Rani Talab P.S. Case no. 129/2010. shahid (Hemant Kumar Srivastava,J)