IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26067 of 2008 GULAB MANDAL.Versus.STATE OF BIHAR ---------- 3/ 24.9.2008 Heard learned counsel for the parties. The occurrence of 19.10.2007 was reported to police on 26.10.2007 i.e. after about one week. On the fardbeyan of the prosecutrix, the present case has been registered for offence under Section 376 of the Indian Penal Code against the sole named accused who is present petitioner. According to allegation, the petitioner has raped the informant. The prosecutrix has given statement under Section 164 of the Code of Criminal Procedure in which she has stated that at the time of commission of rape, one Pandav Kumar came but he was scolded and spared by the petitioner. The victim’s sister was also sleeping in the same house and she knew about the occurrence later on through the informant. Submission is that there are vital contradictions in the fardbeyan and the statement under Section 164 of the Code of Criminal Procedure and the delay of one week in lodging the case has not been explained. Considering the facts and circumstances of the case, let the petitioner Gulab Mandal 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 Chief Judicial Magistrate, Munger in Bariarpur P.S.Case No. 96 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)