IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.305 of 2009 DHANESHWAR YADAV S/O LATE PUNAI YADAV, VILLAGE- BAGATPUR, P.S.- BALIA, DISTRICT- BEGUSARAI Versus STATE OF BIHAR ----------- 3 13/04/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is an accused of a case which has been registered under section 376 (2) of the Indian Penal Code. The informant has alleged that in the night of 24.4.2008 this petitioner and Shankar Tanti raped her. The FIR was registered on 1.5.2008 i.e. after lapse of one week of the occurrence. Submission is that the police after investigation exonerated the co-accused Shankar Tanti though the allegation against him is identical. The husband of the victim has been examined under section 161 of the Cr.P.c. in which he stated that the petitioner was having affairs with his wife and when she suspected that somebody might have seen her then she lodged the case. Considering the facts and circumstances of the case, the petitioner Dhaneshwar Yadav is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C.- I, Begusarai in S. T. No. 782 of 2008 arising out of Balia P.S. Case No. 78 of 2008. avin (Shyam Kishore Sharma, J.)