IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40223 of 2008 ARUN KUMAR GUPTA Versus STATE OF BIHAR ----------- 3. 9.1.2009 Heard Mr. Javed Aslam, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petitioner is in custody in a case under section 376 of the Indian Penal Code and is alleged to have committed rape after confining the lady for a couple of days or so. The defence is that the lady being set up for filing a false case by one of her distant relatives with whom the petitioner was having some animosity. In proof of the contention a copy of the F.I.R., lodged by the mother of the lady, has been produced which states that the lady was living in the house of one Ram Chandra Sah and was doing household cores there. The lady appears habituated to sex as was reported by the doctor, who examined her. There was no mark of any injury externally or internally on the person of the lady and that is one aspect of the matter when one considers that the lady was kept in confinement and she was repeatedly raped by more than one person. Regard being had to the facts and circumstances of the case and the medical report, let petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sheohar P.S. case no.34 of 2008. sudip ( Dharnidhar Jha,J )