IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39764 of 2009 Gopal Prasad Sinha, Son of Arun Kumar Sinha, R/o Village Bhaua, P.S. Patory, Distt. Samastipur. -------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 2 19.11.2009 The petitioner faces allegation for an offence under Section 376 of the Indian Penal Code, wherein the informant, the prosecutrix has alleged of her being subjected to physical assault against her wishes. From the materials on record, this Court would find that not only the First Information Report was delayed by almost two days, inasmuch as, the alleged offence is said to have taken place on 17.8.2009 at 7 Pm. but the information to the police was given on 19.8.2009 at 3.30 Pm. but also when the prosecutrix was examined by a Medical Board of four doctors, nothing was found which could have corroborated the allegation of rape on a lady aged about 35 years. The story of Panchayati in the First Information Report to be the sole reason for such delay gets exposed from the version of a large number of villagers who have filed their 2 petition before the Superintendent of Police stating therein that since the petitioner owns a poultry farm and there was an incident of theft of ten birds suspecting the prosecutrix to be the person behind it, when the protest was made by the petitioner, he was implicated by way of vengeance by the prosecutrix by making a false allegation. From the order of the court below also, it does not appear that such version of the prosecutrix gets support from any other person except sister-in-law of the prosecutrix who is also a witness to the First Information Report. Considering the aforementioned aspects as also the fact that the petitioner has got no criminal antecedent, this Court would direct for release of the petitioner, namely, Gopal Prasad Sinha 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, Samastipur in connection with Patory P.S. Case No. 128 of 2009, subject to the condition that one of the bailors would be either of his 3 parents. It goes without saying that the petitioner shall remain present in course of trial and his absence on two consecutive dates in course of such trial will make him liable for cancellation of present bail. Rsh (Mihir Kumar Jha, J.)