IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32181 of 2011 Nawal Kishore Rai @ Nawal Kishor Rai son of Munshi Rai, R/o village Mahubani, P.S. Mina Pur, District Muzaffarpur …..Petitioner. Versus The State of Bihar ………………….Opposite Party. ---------------------------------- 2 14.10.2011 Heard learned counsel for the petitioner and the State. Petitioner is accused in Minapur P.S. case no. 5 of 2011 registered under sections 376, 313, 418 and 493 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been implicated in this case at the instance of his patidar Rajendra Rai because petitioner was a witness in complaint case no.344 of 2010 filed against Rajendra Rai and others. It is further stated that petitioner has filed an informatory petition before the S.D.M. East Muzaffarpur apprehending danger to his life or also to implicate him in a rape case by the informant Mostt. Munia at the instance of Rajendra Rai. Learned counsel for the petitioner further submits that police has investigated the case and submitted the charge sheet not under section 376 I.P.C. rather under section 418 and 493 of the Indian penal Code but learned C.J.M. took cognizance for the offence under section 376, 313,418, 493 of the Indian Penal Code. From perusal of the F.I.R. it appears that allegation against the petitioner is that he committed rape on Munia on 5.9.2008 and thereafter also continued on the pretext to perform the marriage by the petitioner. It also appears that petitioner has filed a petition on 4.6.2010 and the present case has been filed on 2 5.6.2010. the impugned order also goes to show that charge sheet was submitted against the petitioner under section 418 and 493 of the Indian Penal Code. 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 like amount each to the satisfaction of C.J.M, Muzaffarpur in connection with Minapur P.S. Case No. 5/2011. (Rajendra Kumar Mishra, J) M.Rahman