IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13553 of 2011 VIKASH MAHTO Versus THE STATE OF BIHAR ----------- 02. 26.05.2011 Petitioner being agnate of the informant is languishing in custody since 04.03.2011 in a case registered under Sections 376, 377 of the I.P.C. The accusation is of committing sodomy and rape of seven years old daughter of the informant. It appears that the occurrence took place on 26.10.2009 for which the complaint was filed on 11.11.2009 which came to be registered as 13.05.2010. The victim was examined on 28.10.2009. Though the opinion has been reserved but it appears that apparently no sign of the offence alleged was found by the doctor. In 164 Cr.P.C. statement the part of the accusation has been denied by the victim. It is submitted by learned counsel for the petitioner that mother of the petitioner earlier lodged a case against informant’s side and as a retaliatory measure the present case has been lodged. Considering the delayed lodging of the complaint and the medical report negating the accusation, let the petitioner namely Vikash Mahto, be released on bail on furnishing bail bond of Rs. 10, 000/-(ten thousand) with 2 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 112 of 2010. Shageer ( Dinesh Kumar Singh, J)