IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30960 of 2009 MUSLIM @ MD.MUSLIM,son of late Md. Gani,resident of village-Basantpur Kajra,P.S.-Mansahi,District-Katihar. Versus STATE OF BIHAR ----------- 02/ 05-11-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that accused of petitioner’s case (Mansahi P.S.Case No.03/2005) are instrumental to get the case lodged which is apparent also that one of the accused person of that case namely Md. Alam’s brother-in-law has been shown witness to the incident. On the other point delay is explained as consultation with her husband while on solemn affirmation she states about his remaining in Delhi. On other point it is said that she could know parentage of the petitioner after 3-4 days of the incident while complaint petition is filed just after two days. There is no medical corroboration of the rape as she was never examined by any team of doctors. In the suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Complaint Case No.692/2005, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )