IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 39636 of 2009 YOGNDRA SHARMA, S/o Late Bachu Sharma, R/o Village – Simarbanni, P.S. – Bhargama, Distt. – Araria ………………………………………………. Petitioner Versus THE STATE OF BIHAR …………... Opposite Party. ----------- For the Petitioner:- Mr.Anil Prasad Singh, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 19.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner has been made accused in a complaint case registered under Sections 323, 341 and 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case due to previous enmity. Learned counsel for the petitioner drew attention of this Court towards Annexure-2, which is a copy of the complaint case, wherein there is allegation that the husband of the present complainant has committed rape upon the wife of this petitioner. That complaint case was filed on 01.04.2002. One a week thereafter, the wife of the accused of that case has also filed this complaint case - 2 - against the husband of the complainant of that case along with the complainant and, in this case, the alleged date of occurrence is about 16 days before the filing of the present complaint case, which has not been explained at all. There is no medical examination also of the victim lady. Learned counsel for the State submits that there is allegation of rape upon the petitioner, however, this is a complaint case and earlier to filing of this complaint case, the petitioner’s wife has also filed a complaint case of rape upon the husband of this complainant and this is also a fact that there has been delay of about 16 days in filing of this complaint case. This complaint case has been filed exactly after seven days of filing of the earlier complaint case by the wife of this petitioner, which has been brought on record as Annexure-2. Petitioner is stated to be in custody since 03.07.2009 Having regard to the facts and circumstances of the case, the petitioner, namely, Yogendra Sharma is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial - 3 - Magistrate, Araria in connection with Complaint Case No. 522C/2002. dk ( Dr. Ravi Ranjan, J. )