IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45887 of 2008 ABHLESH RAM @ AKHILESH RAM S/O-Sri Ramjee Ram, R/O-Vill-Sangat Sattaisa, P.S.-Gaurichak, Distt.-Patna. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 6/ 22.06.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offence under Section 376 of the Indian Penal Code. The informant was sleeping with her son aged five years. At about 9 p.m. the petitioner entered into her house and allegedly committed rape. Submission is that the petitioner is in custody since 28.12.2007. The family members of the informant have been examined in course of investigation and they have stated that they knew about the occurrence through the informant. The family members are residing in the same house along with the 2 informant but it is surprising that they have not heard anything in the night of the occurrence. Though charges have been framed but not even one witness has been examined as yet. The medical report does not corroborate the allegation. Considering the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Judicial Magistrate 1st Class, Patna/concerned court in connection with Gaurichak P.S. Case No.-130 of 2007. kksinha/ (Shyam Kishore Sharma, J.)