IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41266 of 2011 Baban Singh Versus The State Of Bihar 2. 08.12.2011. Heard Mr. Shakeel Ahmad Khan, senior learned counsel for the petitioner and Mrs. Pushpa Sinha learned A.P.P. for the State. The petitioner is languishing in custody since 27.08.2011 in a case for the offence registered under Section 376 of the I.P.C. An F.I.R. was instituted on the statement of the victim girl that on promise to get the informant’s father released from jail physical relationship was established by this petitioner. In 164 Cr. P.C. statement the victim admitted that due to proximity developed with the petitioner physical relationship was established when she was arrested by police she was massaging the head of the petitioner. Though the medical report suggests that the victim was aged about 15-16 years but no positive finding with regard to sexual assault has been recorded when she was medically examined on the same day. The victim subsequently filed a petition before the learned court below stating therein that under pressure she lodged the case. Considering the inconsistent statement of the victim and medical report, 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 the learned S.D.J.M., Birpur in connection with Birpur P.S. Case No. 131 of 2011. U. K. ( Dinesh Kumar Singh, J)