IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9154 OF 2011 BINDESHWAR YADAV @ BINESHWAR YADAV, SON OF DAYA NAND YADAV, RESIDENT OF VILLAGE DIHURI, POLICE STATION PARAS BIGHA, DISTRICT JEHANABAD VERSUS THE STATE OF BIHAR ******** 3 30/05/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a complaint case filed on 15.09.2008 against nine accused persons. Accused nos. 8 and 9 are the son and daughter-in-law of the complainant. It is alleged that the son and some other persons entered in her house and assaulted her. She was going to lodge a case when the petitioner along with two others, namely, Shambhu Yadav and Mukhiya Yadav dragged the daughter of the complainant and allegedly committed rape. The villagers gathered and thereafter they ran away. Annexure-2 is a case instituted by the daughter-in-law of the complainant on 10.09.2008 in which she has alleged that her mother-in-law does not want to give her husband’s share in the property and she along with others had entered the house and assaulted her husband. It therefore appears that the allegation is connected with the occurrence which took place on 2 10,.09.2008. It is submitted that the case filed by the complainant is an afterthought and has been filed out of revenge in a malicious manner. It is also said that the petitioner is the cousin brother of the victim girl, whereas the other accused persons are the gotias and therefore, the allegation of rape is obviously false and fabricated. There is no medical report to support the factum of rape. Be that as it may, the above named petitioner is directed to be released on bail in Complaint Case No. 790 of 2008 (Trial No. 317 of 2010) 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, Jehanabad. Anand ( Sheema Ali Khan, J. )