IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5025 of 2011 Ram Ishwar Singh @ Iswar Chandra Singh, S/o-Saukhi Lal Singh, R/o-Vill.- Arwal Sipah, P.S. and District-Arwal. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 04.03.2011 The petitioner is in custody since 05.09.2010 in relation to Arwal P.S. Case No.137/10 instituted under Sections 376/511/504 of the Indian Penal Code. It is alleged that in the night on 04.09.2010 the petitioner who is the landlord of the prosecutrix along with his son and son-in-law in a drunken state entered in her apartment and the petitioner tried to rape the prosecutrix. On behalf of the petitioner, it is submitted that from the F.I.R. two things are clear. Firstly, that the prosecutrix is petitioner’s tenant and, secondly, it is alleged that the petitioner along with his son and his son-in-law tried to rape the prosecutrix, which is an apparent impossibility, considering the relationship amongst the three. The truth of the matter is that the prosecutrix and her husband had not paid rent for the apartment for a few months and when the petitioner, being the landlord, demanded the same and pressurized for its payment such a false case was lodged. In fact, the petitioner was assaulted and the injury report is Annexure-2. Petitioner states that when he went to lodge the case he was taken into custody as the prosecutrix had already lodged the present case in which there was no mention that the petitioner was being assaulted in any manner. The prosecution is unable to explain the injury on the person of the petitioner as well. It - 2 - is also pointed out that Bharat Kumar Singh and son-in-law of the petitioner has already been granted bail by this Court in Cr. Misc. No.39149/ 2010 by order dated 25.11.2010. Be that as it may, let the petitioner above-named be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the C.J.M., Jehanabad in connection with Arwal P.S. Case No.137/10. Trivedi/ (Navaniti Prasad Singh, J.)