IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21972 of 2010 MD.WAZIR ALAM Versus STATE OF BIHAR ----------- 2. 01.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with K. Nagar (Sri Nagar) P.S. Case No. 6 of 2010 (S.T. No. 519 of 2010) for offence punishable under Sections 376, 120B/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the allegation set out in the complaint petition which has subsequently been registered as an F.I.R. under the provision of Section 156(3) of the Code of Criminal Procedure submits that though the alleged occurrence is said to have taken place on 5.9.2009 but the complaint has been instituted three months thereafter on 16.12.2009 and that there is no explanation for the delay that has taken place in the institution of the case. Learned counsel further submits that the complainant was medically examined and the doctor has reported that there was no sign of sexual intercourse at the time of examination but the possibility can not be excluded. He thus submits that 2 the allegations appears to be doubtful. Considering the circumstances and the submission of learned counsel, let the petitioner namely, Md. Wazir Alam be released on bail furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Purnea in connection with K. Nagar (Sri Nagar) P.S. Case No. 6 of 2010 (S.T. No. 519 of 2010) subject to the condition that the petitioner would ensure his representation in the trial on each and every date fixed in the case and upon failure on his part to ensure his representation on two consecutive dates fixed would confer liberty to the trial Court to initiate proceedings for cancellation of his bail bonds and for taking him into custody. Anand Kr. (Jyoti Saran, J)