IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10438 of 2011 Suresh Parit, son of Sri Nand Kishore Parit, resident of at and P.O. Sihanuta Bangra, P.S. Maharajaganj, Distt.Siwan. Versus The State Of Bihar ---------------------------------- 4. 17.10.2011 The petitioner is accused in Maharajganj P.S. Case No. 87 of 2010 registered under Section 366(A), 376/34 of the Indian Penal Code. Leaned counsel for the petitioner submits that in fact co-accused Kamlesh Parit is a distant relative of the informant on the side of Sasural of her sister and during visit to the house of her sister, he fell in love with informant. Co-accused Kamlesh Parit and the petitioner are cousin brothers being relative of kamlesh Parit has been falsely implicated in this case. It is also submitted that it is surprising enough that co-accused Kamlesh Parit and the victim who were in love were missing from 8.7.2010 along with petitioner and others but no information was given by the father of the victim/informant regarding her missing from the house till 17.7.2010 and after nine days the victim/informant Sunita Kumari who was at the house of her Maushi brought this false case stands lodged in Maharajganj police station. It is also submitted that on medical examination of the victim/informant she has been shown major assessing her age 18 to 19 years and no sign of rape has been found. Learned A.P.P. also conceded that the victim was Sunita 2 Kumari assessed major in medical examination and no positive sign of rape was found in medical examination. The allegation of the victim-informant Sunita Kumari is that the petitioner along with co-accused Kamlesh Parit and his mother Umrawati came at her house and giving an assurance to perform her marriage with Kamlesh Parit, she went with them taking cash and ornaments of her mother but while the co-accused Umarwati returned, she was taken away by the petitioner and Kamlesh Parit and rape was committed on her and lastly she was left on a motorcycle after seven days. Under the facts and circumstances of the case as stated, the petitioner named above is ordered to 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 Additional District and Sessions Judge(Fast Track Court No.4), Siwan, in Sessions Trial No. 46 of 2011, arising out of Maharajganj P.S. Case No. 87 of 2010 (G.R. No. 1817 of 2010) Ravi/- (Rajendra Kumar Mishra, J.)