IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40165 of 2010 PAWAN SAHANI, son of late Jagdish Choudhary, resident of village- Ralahi, Malahi Tola, P.S. Mofassil, District-Easdt Champaran at Motihari Versus STATE OF BIHAR ----------- 2 08.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Motihari Mufassil P.S. Case No.97 of 2010 for the offence punishable under Section 376 of the Indian Penal Code. The complaint case was filed by the victim girl giving rise to complaint case No. 2665 of 2009 alleging commission of rape against present petitioner. The complaint case was subsequently registered as an F.I.R. under the provisions of Section 156(3) of the Code of Criminal Procedure giving rise to the present case. Learned counsel for the petitioner with reference to the allegation as set out in the complaint, submits that although the alleged occurrence is said to have taken place on 05.12.2009 but a perusal of the noting of the learned Magistrate on the reverse of the first 2 page of the complaint shows that the same was instituted after an unexplained delay of 9 days i.e. on 14.12.2009. He further submits that there is no material supporting the allegations. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner Pawan Sahani be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in connection with Motihari Mufassil P.S. Case No.97 of 2010 subject to the condition that the petitioner would ensure his representation before the Court below on each and very date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bonds and to take him into custody. Bibhash ( Jyoti Saran, J.)