IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14151 of 2009 ***** Sanjay Tiwary, S/o Sudama Tiwari, resident of village- Sadulahpur, P.S.-Ramgarh, District- Kaimur(Bhabua). …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 30.7.2009. Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. Petitioner is an accused in Ramgarh P.S. Case No.128 of 2008 for an offence under Section 376/511 of the Indian Penal Code. The informant alleges that the petitioner came to his house, demanded payment of RS.50/- as his remuneration for irrigating his field. It is alleged that the informant had Rs.500/- and since the petitioner did not have the requisite change he told the informant that he will return it to him provided he sends somebody with him, thereafter informant alleges that his daughter and one Dipu accompanied the petitioner. Later on the petitioner tried to commit rape on the daughter of the informant. Petitioner has been taken in custody thereafter and has been in custody since 23.1.2009. Submission of the petitioner is that it looks like a concocted case because for identical allegation yet another case was lodged in the Harijan Thana after two days that is on 19.12.2009, this time alleging the same thing against yet another person, namely, Ranjay Pandey. The falsity of the accusation and the allegation emerges from the two institution of cases with identical allegations with regard to the same kind of incidence, if any. In the above circumstances it is urged that the - 2 - petitioner has been falsely implicated in the matter. Learned counsel for the informant is not in a position to explain the two first information reports with identical allegations one against the present petitioner and one against yet another person, namely, Ranjay Pandey, who he states to be the brother of the present petitioner. There are certain unexplained areas, based on which this Court is convinced that the petitioner needs to be given the benefit of doubt at this stage. Let the petitioner, namely, Sanjay Tiwary, therefore, be enlarged on bail on his furnishing bail bond in the sum of Rs.10,000/- with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Bhabua in connection with Ramgarh P.S. Case No.128 of 2008. One of the sureties will be executed by the father of the petitioner on due identification by the Court below. Pawan/- (Ajay Kumar Tripathi, J.)