IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33440 of 2010 THAKUR PRASAD RAI Versus THE STATE OF BIHAR & ANR ----------- 2. 17.09.2010. Heard learned counsel for the petitioner and the State. The petitioner is languishing in custody since 12.08.2010 in a complaint case in which cognizance has been taken under Sections 376/511 of the I.P.C. It is submitted by the learned counsel for the petitioner that due to some contractual transactions, the case has been lodged. The statement of the victim on solemn affirmation has been annexed as Annexure-2 which reflects that medical examination of victim was not done. Though there is inconsistency in the statement of complainant also. Learned counsel for the petitioner submits that never summons were served. In 2009 the petitioner was declared absconder. Considering the statement of the victim that no medical examination was done and the fact that the court found case prima-facie under Sections 376/511 of the I.P.C., let the petitioner above named be released on bail on 2 furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Rosera, Samastipur, in connection with complaint case no. 37 of 1998, Tr. No. 2327 of 2010. The learned court below will positively cancel the bail of the petitioner if the petitioner fails to appear on two consecutive dates during trial. U.K. (Dinesh Kumar Singh,J.)