IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16401 of 2009 MD.RAHMAT Versus STATE OF BIHAR ----------- 2 17.8.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody in relation to Gaighat P.S. Case No. 215 of 2007 registered under sections 376 and 120B/34 of the Indian Penal Code. Initially a complaint case was filed before the Chief Judicial Magistrate Muzaffarpur which was referred to police for investigation and the present case has come to be filed. Submission of learned counsel for the petitioner is that it is a case of false implication and the present case is in retaliation of Gaighat P.S. Case No. 19 of 2008 which is also borne out from annexure-2 to the application. In the above background the petitioner needs to be given benefit of doubt. Looking at the background under which the complaint case has been filed as well as annexure-2, let the petitioner, namely, Md. Rahmat be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No. 215 of 2007 with a direction that petitioner will cooperate in the trial and will not abscond. RPS (Ajay Kumar Tripathi,J.)