IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39232 of 2008 RANDHIR KUMAR MISHRA @ MADHUSUDAN MISHRA SON OF BATESHWAR MISHRA RESIDENT OF VILLAGE BAJITPUR,P.S.PATEPUR,DISTT.VAISHALI. Versus STTAE OF BIHAR ----------- 3/ 12.12.2008 Heard learned counsel for the parties. The petitioner is the sole named accused of a case which has been registered for offences under Sections 376 of the Indian Penal Code and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in which the informant has alleged that while she was sleeping with her family members, the petitioner came and raped her. Submission is that in course of investigation, a number of witnesses have been examined and they have stated that the petitioner has been robbed in this case at the behest of Harish Chandra Mishra who was having illicit relationship with the mother of the informant. Further submission is that it is not possible that in the midnight in presence of such a large number of persons, a man can commit such offence. Considering the facts and circumstances of the case, let the above named petitioner 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 Chief Judicial Magistrate, Vaishali at Hajipur in Fatepur P.S.Case No. 110 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)