IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39903 of 2010 SK.SAMSUL @ MD.SHAMSHUL, Son of Late Sahadat Hussain, resident of Village-Haripur, P.s. Forbisganj, District-Araria --------------------- Petitioner Versus STATE OF BIHAR ----------- 03 09-03-2011 Heard Sri Chitranjan Sinha, learned Senior Counsel for the petitioner and Sri Ram Chandra Singh, learned Addl. Public Prosecutor. The petitioner, who is in custody in Forbisganj P.S. Case no.260 of 2007 for the offence under Sections 376 and 448 of the Indian Penal Code, has prayed for grant of bail. Learned Senior Counsel for the petitioner, while pressing the bail petition, submits that after the F.I.R. the victim girl was medically examined. However, no sign of rape was found on the person of the victim and subsequently, the victim had also filed a petition before the court below, wherein she had admitted that the case was filed by exaggerating the case of rape , whereas fact remains that only some altercation had taken place. Sri Ram Chandra Singh, learned Addl. Public Prosecutor submits that the occurrence had taken place in the night of 23.7.2007 and Medical Report suggests that she was examined on 31.7.2007 and, as such, after laps of such a long time, there was every possibility of disappearance of sign of rape. In view of the facts and circumstances, particularly the fact that during the medical examination, no sign of rape was found as well as in view of the petition filed by the informant 2 herself, the Court is of the opinion that it is a fit case for extending the privilege of bail. Let the petitioner above named 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 learned Chief Judicial Magistrate, Araria in connection with Forbisganj P.S. Case No.260 of 2007. NKS/- ( Rakesh Kumar,J.)