IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19321 of 2008 BUDHA YADAV @ BUDHA RAUT @ RAJEEB YADAV @ RAUT Versus STATE OF BIHAR ----------- 4/ 13.8.2008 Heard learned counsel for the parties. Initially a complaint case was filed for offence under Section 376/34 of the Indian Penal Code which was referred to police and thereafter the first information report was registered. The allegation is that all the accused persons committed rape upon the complainant/informant. Submission is that as the petitioner and other accused persons are closely related to the complainant/informant, so they cannot commit such offence. Further submission is that the present case has been registered at the instigation of Bablu Chaudhary who is nephew of the informant/complainant because prior to lodging of this case, a case against him and others was registered for offences under Section 307 and other sections of the Indian Penal Code, 27 Arms Act and 3/5 Explosive Substances Act on the fardbeyan of one of the accused namely, Mangni Lal Yadav. The petitioner is in jail custody since 3.12.2007. Considering the facts and circumstances of the case, let the petitioner Budha Yadav alias Budha Raut alias Rajeev Yadav alias Raut 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, Banka in Bankaa (Barahat) P.S.Case No. 7 of 2007. Tahir/- (Shyam Kishore Sharma,J.)