IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3259 of 2009 CHAMRU YADAV, S/O Late Genhari Yadav, R/O Village- Mekra Naya Tola, P.S.- Mokama, District- Patna. ------ Petitioner Versus STATE OF BIHAR ------ Opposite Party. ----------- 3 04.02.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Sections 366/34 and 376(2) G of the Indian Penal Code and Section 3(X) of the Prohibition of S.C. and S.T. Atrocities Act. Petitioner’s bail application has been earlier rejected by this Court on 14.5.2008. Learned counsel for the petitioner submits that out of the four persons named, three of them have a criminal antecedent and are absconding till today. It is submitted that the petitioner was arrested from his house and he has been named in this case because there was some dispute with respect to non payment of liquor consumed by the petitioner. The circumstances aforesaid go to show that the petitioner in fact was not involved in the occurrence rather he has been named due to 2 enmity. Learned counsel for the petitioner further submits that the medical report does not show any sign of external injury which ought to have been found if the lady was raped by four persons. According to the learned counsel for the petitioner the entire case is false and fabricated. Finally, learned counsel for the petitioner submits that the petitioner has remained in custody since 7.1.2007. Considering the period of custody, I direct that the petitioner Chamru Yadav should be released on bail in connection with Sessions Trial No. 831 of 2007 arising out of Mokama P.S. Case No. 204 of 2006 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the 1st Additional District & Sessions Judge, Patna. Sanjay (Sheema Ali Khan, J.)