IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50808 of 2007 KHAGESH HARIJAN Versus STATE OF BIHAR ----------- 03. 15.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 376/34 of the Indian Penal Code. Learned counsel for the petitioner submits that although the petitioner is named to be one of the three persons who had outraged the modesty of the informant, but he submits that the entire allegation is fabricated and he has been falsely implicated. Learned counsel for the petitioner further states that the husband of the informant is a veteran criminal of the locality and he is an accused in five criminal cases and the investigating officer has specifically found in paragraph 32 that she is a lady of bad character and easy virtue. Learned counsel for the petitioner also avers that the allegation is that petitioner took the informant to the shop and from there she was taken on the upper floor and where other two accused persons also came and the room was bolted, but there was no resistance by the informant. Learned counsel for the petitioner further contends that although there is a statement that she was threatened with some deadly weapon, but thereafter it is stated that she came down on the stair along with all the accused persons who boarded her on a rickshaw and sent her to her house, but all through no hue and cry or objection is said to have been raised by the informant. Learned counsel for the petitioner also - 2 - submits that the petitioner is in custody for more than two years, i.e. since April, 2006. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Khagesh Harijan, be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of 7th Addl. Sessions Judge, Bhagalpur in connection with S.T.No.1289/06 arising out of Kotwali P.S.Case No.217 of 2006. sunil ( S.N.Hussain,J.)