IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40028 of 2008 CHHOTE MIAN @ BITTOO MIAN Versus THE STATE OF BIHAR ----------- 3. 09.01.2009 Heard Sri Raghav Prasad, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The lady alleged commission of rape by the petitioner and others while she was carrying a bundle of harvested wheat on her head. The petitioner has definitely depends of being falsely implicated after being assaulted on account of some dispute for a particular land. The learned Judge, who dismissed the prayer for bail, has given some very strong reasons for not granting bail to the petitioner. However, after having gone through the medical report, which appears available to this court, it is found that the lady had the last monthly period five days prior to examination and that the internal examination of her private part indicates that there were huge number of epithelial cells, which were traced out on the swab taken out from the vaginal track. That indicates that the lady had not been violated. Let petitioner Chhote Mian @ Bittoo Mian be - 2 - released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Siwan Muffasil P.S. Case No. 91 of 2008. DKS/ (Dharnidhar Jha, J.)