IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12450 of 2011 PAWAN YADAV Versus THE STATE OF BIHAR 3 11-07-2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is languishing in jail custody since 21.12.2010 in a case registered under section-376 of the Indian Penal Code. Although there is allegation of rape against the petitioner but admittedly, the alleged occurrence took place on 26.09.2010 and the first information report was lodged on 01.10.2010. Learned counsel for the petitioner points out that when the victim was medically examined, she was found carrying pregnancy of 7 months and the aforesaid fact was not disclosed by her in written report. It is contended by him that as a matter of fact, there was some dispute between the petitioner and husband of the victim on the point of transaction of money and that is the reason, the informant’s husband set up the informant and got instituted this false case. It is also pointed out by him that no sign of rape was found on the person of the victim when she was medically examined. On the other hand, learned counsel appearing for the state points out that not only the victim but her daughter has also supported the prosecution story which is evident from - 2 - perusal of paragraph-28 of the case diary. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Pawan Yadav be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Suryagarha P.S. Case No. 206 of 2010 to the satisfaction of Chief Judicial Magistrate, Lakhisarai. A.K.Vishwakarma/- (Hemant Kumar Srivastava,J.)