IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15593 of 2010 SHAMSHER ALAM @ SHAMSHIR ALAM @ NAWAZU, S/o Late Samiruddin, Resident of Village – Birpur Khanquah Tola P.S. Bahadurganj, District – Kishanganj ----- Petitioner Versus STATE OF BIHAR ---- Opposite Party ----------- 2/ 19.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that though allegation is clear that petitioner committed rape upon the complainant but that has been filed after three days of the occurrence and her witnesses are her own ‘devar’ and husband while the petitioner is ‘step devar’ having differences on the point of ancestral property. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt / production of a copy of this order in connection with Complaint Case No. 114(C) of 2002, above named petitioner shall 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 learned Chief Judicial Magistrate, Kishanganj, subject to the conditions as laid down under Section 438(2) of Cr.P.C. Praful ( Mandhata Singh, J.)