IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16402 of 2008 DEEPAK SAHNI Versus THE STATE OF BIHAR ----------- 3 17/09/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is one of the named accused of the case registered under sections 376/34 of the Indian Penal Code on the basis of written report of Gita Devi. According to the informant, her niece Soni Kumari was sleeping besides her. At that time the petitioner and Subhash Singh came and raped her. The occurrence was witnessed by the informant’s niece Soni Kumari but she could not cry. Submission is that Subhash Singh is the next door neighbour of the informant. The petitioner is an employee of Subhash Singh hence both have been implicated because of dispute. Further submission is that the occurrence has been reported after delay and there is no explanation of delay. Now the trial has begun and a number of witnesses have been examined. Soni Kumari has been examined as PW 3. She has not supported any part of the occurrence and has stated that prior to the occurrence there was quarrel and she has given another version of the occurrence. Considering the facts and circumstances of the case, the petitioner Deepak Sahni is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of the C.J.M., Munger in connection with Kasim Bazar P.S. Case No. 16 of 2007. avin (Shyam Kishore Sharma, J.)