IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5318 of 2009 SHAILENDRA MAHTO Versus STATE OF BIHAR ----------- 2 21.5.2009 Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a police case under sections 376(g) of the Indian Penal Code and 3 of the S.C. & S.T. (Prevention of Atrocities) Act. Alleging false implication in a village dispute it is submitted that in the present FIR lodged on 24.2.2006 allegedly immediately after the occurrence of sexual assault by 8 to 10 persons. The medical report does not support the same. The allegations are improbable. The FIR itself states that about 23 days earlier the petitioner had allegedly also ravished her but no prosecution has been filed with regard to the same. Petitioner was even charge- sheeted by the police when cognizance has been taken differing with the same. Having considered the facts and circumstances of the case, let the petitioner abovenamed, surrender in the Court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Special District & Sessions Judge Ist, Gaya in Khajersarai P.S. case No. 21 of 2006 (S.T. No. 60 of 2008) , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. (Navin Sinha,J.) A.Kumar - 2 -