IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47468 of 2008 GUDDU MANJHI S.O HARI MANJHI, R/O VILLAGE- TELMAR, P.S.- HARNAUT, DISTRICT- NALANDA Versus STATE OF BIHAR ----------- 2 15/12/2008 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is named accused of a case which has been registered under sections 376/34 of the Indian Penal Code. Initially a complaint was made which was referred to police under section 156(3) of the Cr.P.C. where the regular FIR has been registered against two accused persons including the petitioner. The alleged occurrence is of 12.4.2007 and the complaint has been filed after 15 days of the alleged occurrence and the FIR has been lodged on 10.5.2007. Submission is that the implication is due to enmity. There is no explanation of such delay. The story propounded in the complaint is incorrect because no body will commit rape in presence of the complainant’s family members. The complainant has alleged that while she was going then her brother and mother were also following her and in that way she was caught by the petitioner and another and raped her. Considering the facts and circumstances of the case, the petitioner above named 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 - 2 - Sessions Judge, F.T.C. No. IV, Nalanda in S. T. No. 344 of 2008 arising out of Harnaut (Telmar) P.S. Case No. 107 of 2007. avin (Shyam Kishore Sharma, J.)