IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26581 of 2011 Newaji Yadav, S/O-Jago Mahato Versus The State Of Bihar ----------- 02 23.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although, it is stated that petitioner committed rape on the complainant but admittedly, Katoria (Jaipur) P.S. Case No. 107 of 2008 was registered against the petitioner and some unknown persons on the basis of complaint petition bearing Complaint Case No. 1301 of 2007 filed on behalf of the complainant and after due investigation police found accusation untrue and, thereafter, complainant filed a protest petition which was treated as complaint case. It appears that learned court below having conducted an enquiry found the case true under Section 376 of the Indian Penal Code. It would further appear from perusal of Anneuxre-4 to this petition that prior to institution of Katoria (Jaipur) P.S. Case No. 107 of 2008, the petitioner being Chowkidar had lodged Katoria (Jaipur) P.S. Case No. 29 of 2007 against the husband of informant for the offences under Sections 3, 4 and 5 of Explosive Substance Act. 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 Additional Chief Judicial Magistrate, Banka in connection with Complaint Case No. 243 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)