IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4043 of 2009 ANIL PRASAD GUPTA S/O-Deven Sah @ Dev Narayan Sah, R/O-Vill-Gowasi, P.S.-K. Nagar (Maranga), Distt.-Purnea. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 17.03.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. It appears that the informant is tenant of the petitioner. He has alleged that his wife has been raped by the petitioner. Submission is that it is not a case of rape. The matter was supervised by the Dy. S.P. who found it to be a case of under Sections 448 and 354 of the Indian Penal Code. But superior officer has ordered for submission of charge sheet under Section 376 of the Indian Penal Code. There were dues of the petitioner against the informant and for that the petitioner has been falsely implicated. The victim is mother of three children. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K. Nagar (Maranga) P.S. Case No. 123 of 2008. kksinha/ (Shyam Kishore Sharma, J.)