IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50915 of 2007 BISHUNDEO DUBEY Versus STATE OF BIHAR ----------- 7. 17.7.2008. Heard the counsel for the petitioner and counsel appearing on behalf of the State. The petitioner is an accused in a case under Section 376 of the Indian Penal Code. Learned counsel for the petitioner submits that from the contents of the First Information Report itself it appears that there was a dispute between the informant and this petitioner who are neighbours on account of some land. It is alleged that this petitioner alongwith two others had dragged the victim lady and the petitioner and one other and had raped her. Learned counsel for the petitioner relies to a document of exchange which is annexure-2, shows that the victim’s father- in- law had exchanged a land with the petitioner’s father. The victim lady and her family members wanted to occupy the land ,and as such, this case has been filed. Learned counsel for the petitioner further submits that after the petitioner was taken into custody, the victim lady and her family members have constructed a hut over the land of the petitioner. It is further submitted that this fact has been supported by P.W.1 who has been examined as a witness during the trial. Be that as it may, the petitioner Bishundeo Dubey is directed 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 - 2 - satisfaction of the Additional Sessions Judge, F.T.C.III, Motihari, East Champaran in connection with Chakiya P. S. Case No. 51 of 2007 giving rise to Sessions Trial No. 634 of 2007. U.K. (Sheema Ali Khan,J)