IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44241 of 2008 MUKESH SAH @ MUKESH KUMAR SAH @ MUKESH KUMAR, Son of Sri Dukhan Sah, resident of Village- Mathura, P.S.- Belhar, Distt- Banka :---- Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- For the Petitioner : Mr. Sanjay Kumar Jha, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ===== 5. 10.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 376 and 452 of the Penal Code and is named in the First Information Report. It is submitted on his behalf that the First Information Report, Annexure-1 has been lodged on the basis of the thumb impression of the informant which impression was taken by her husband only to implicate the petitioner as the husband of the informant was aggrieved with the petitioner who had lodged Belhar P.S.Case No. 160 of 2007 on 26.10.2007 against him, just one day prior to the present occurrence which was lodged on 27.10.2007. It is further submitted that the informant on the date of occurrence was not in her matrimonial house where the rape is alleged to have been committed as on that date she was residing with her parents as her relationship with her husband, was not congenial with effect from 20.10.2007 when she was ousted from her matrimonial house, as would appear from the Complaint Petition bearing No. 1540 of 2007,Annexure-3. From the complaint filed by the husband of the informant bearing number 106 of 2008, Annexure-7, it appears that the informant on account of the matrimonial dispute with her husband left the matrimonial house on 18.10.2007 itself. In view of such averment - 2 - counsel for the petitioner submits that there was no occasion for the petitioner to commit rape on the person of the informant on 24.10.2007. Be that as it may, let the petitioner, namely, Mukesh Sah @ Mukesh Kumar Sah @ Mukesh Kumar be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. District Judge, F.T.C.-II, Banka in connection with S.T.No. 826 of 2008, T.R.No. 390 of 2008, arising out of Belhar P.S.Case No. 161 of 2007. P.K.P. (V.N.Sinha,J.)