IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18976 of 2009 GENOURI RAJAK,son of late Sheo Rajak, resident of village-Mekra Naya Tola,P.S.- Mokama,Dist.-Patna. Versus STATE OF BIGHAR ----------- 02/ 07-07-2009 Heard learned counsel for the petitioner and the State. Commitment of theft was reported on a written application of the informant but in course of investigation petitioner and others four in number have been alleged for committing rape upon the informant, which is doubted on behalf of the learned counsel for the petitioner that after two months of the incident petitioner and others have been attributed for committing rape only to save her skin from misappropriation of rupees ten thousand concerning Aangan Bari Scheme. In my view also, none can be allowed to make statement of her choice like the informant at different stages. In any case that cannot be justified for petitioner’s arrest. Accordingly, 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 Pandarak P.S.Case No.35/2007, 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 Additional Chief Judicial Magistrate, Barh, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )