IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36121 of 2009 HIRA LAL SAHANI, Son of Late Shankar Sahani Resident of Village-Bherihar, P.S. Ramgarhawa, District- West Champaran at Motihari. Versus STATE OF BIHAR ----------- 2 3/11/2009 Heard counsel for the petitioner, counsel for the State as also counsel for the Informant. The allegation in the complaint petition filed by the complainant alleging offence of rape against the petitioner, to say the least, does not inspire confidence especially when her immediate statement on solemn affirmation is falsified by her refusal of being . medically examined in a question by the Court. Such refusal of the complainant to be medically examined coupled with other connecting circumstances would only go to show that an absurd allegation had been made in the complaint petition by the complainant, a lady aged about 45 to 50 years having also grand children. This Court, therefore, is satisfied that the petitioner is entitled for bail especially when his defence of false implication also gets support from the earlier complaint case no. 360 of 2002. Considering all these aspects, the petitioner, namely, Hira lal Sahani is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M.Raxaul at Motihari in Complaint Case No.156 of 2008, Tr. No.2130 of 2009. One of the bailer, however, must be either of the parents of the petitioner. Abhay Kumar (Mihir Kumar Jha, J.) 2