IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41243 of 2009 MD. FAULAD, S/o- Late Rafik Marhum, resident of vill Marui, P.S.-Roh, District-Nawada Versus STATE OF BIHAR ----------- 2 07.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Complaint Case No. 194 of 2008 for the offences punishable under Sections 323, 379, 436, 377/34 of the Indian Penal Code. Substance of allegation as against the accused persons is of entering the house of the complainant in the night of 28.02.2008 and assaulting her and of taking away some valuables. The petitioner has been alleged to have aided in the theft of the materials and of sprinkling kerosene oil on the house of the informant. It is alleged that one Fekani Khatoon lighted the fire. Learned counsel appearing on behalf of the petitioner submits that a bare perusal of the complaint itself shows that the story is doubtful for the reasons that whereas the incident is said to have occurred on 25.2.2008 2 and the complaint has been instituted only on 29.2.2008 i.e. after a laps of four days. Learned counsel further submits that this case is a counter blast to the another case instituted by sister-in-law of this petitioner giving rise to Roh P.S. Case No. 19 of 2007 under Sections 376, 511, 324 and 379 of the Indian Penal Code against the husband of the complainant. It is submitted that chargesheet has been submitted in the said case and the matter is pending for consideration before the Additional District Judge-I. Learned counsel thus submits that the petitioner has been falsely implicated in the present case. Having regard to the facts and circumstances of the case, let the petitioner, Md. Faulad, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 194 of 2008. Bibhash (Jyoti Saran, J. )