IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23513 of 2010 SHARWAN KUMAR VISHWAKARMA @ SHARWAN VISHWAKARMA Versus STATE OF BIHAR ----------- 3 27.9.2010 Heard learned counsel for the parties. Petitioner is alleged for committing rape upon the complainant after entering her house while all the family members were there that is doubted on the ground that the petitioner is brother of Malo Devi, first wife of Ashok Vishwakarma with whom complainant is residing as Sautan. A case was lodged on behalf of Malo Devi in the year 2004 against Ashok Vishwakarma, Soni Devi and other family members for the offence under sections 498A, 494 and other allied sections of Indian Penal Code. According to learned counsel for the petitioner, only to cast pressure upon Malo Devi, this case is lodged with false allegations otherwise victim lady was examined by the medical team under the direction of Chief Judicial Magistrate and no sign of rape was found. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above 2 named petitioner shall 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 Chief Judicial Magistrate, Jamui in Complaint Case No. 1150C/06, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)