IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27997 of 2009 MD.RASHID ANSARI @ MD.RASID ANSARI, son of Hafiz Ansari, resident of village-Aarsi Kala, P.S.-Gurua, District-Gaya --------------Petitioner. Versus STATE OF BIHAR ----------- 2. 11.9.2009 Heard learned counsel for the petitioner and the State. I agree with the submission of the learned counsel for the petitioner that for the same and similar allegation kidnapping of the complainant added with commitment of rape upon her. Petitioner’s arrest cannot be justified while in the earlier case she made a statement under section 164 of the Code of Criminal Procedure exonerating the petitioner. Admittedly, she is sister-in-law of the petitioner. She was residing in a separate room in Delhi but with her brother as stated in her statement under section 164 of the Code of Criminal Procedure. In any case, so called victim even cannot be allowed to give different and divergent statement of her choice as made in the case. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner shall 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 S.D.J.M., Sherghati at Gaya in Complaint Case no.188 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. sudip ( Mandhata Singh, J )