IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45562 of 2009 RAM PRASAD SAH, son of Late Jhanhari Sah, village Samda, PS Basopatti, district Madhubani – petitioner. Vs. STATE OF BIHAR ----------- 2 26.2.2010 Heard learned counsel for the petitioner, the A.P.P. representing the State and the counsel for the informant. Petitioner is apprehending his arrest in a case under Sections 452, 376/511 of the Indian Penal Code. Counsel for the petitioner submits that the alleged victim lady is married and was sleeping with her husband and children in her house and it is said that the petitioner who is an auto rickshaw driver working at Lucknow was visiting the village is said to have entered the house of the informant and tried to outrage her modesty. Learned counsel submits that it is not possible for anyone to enter the house for committing rape in the house of a person who is admittedly not alone, rather, is surrounded by her family members. The reason for this occurrence is that the petitioner is neighbour of the informant and his land is just next to the house of the informant and the thatched house of the petitioner is on that piece of land which is coveted by the informant’s husband. Be that as it may, petitioner is directed to be released on anticipatory bail in the even of his arrest or surrender within a period of six weeks in connection with Benipatti PS Case No. 128/2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, 2 Madhubani, subject the conditions laid down under Section 438(2) of the Cr .P.C. haque (Sheema Ali Khan, J.)