IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11071 of 2010 NAZMUL @ NAJMUL @ MD.NAJMUL S/O MD. ISRAFUL, R/O VILLAGE MOHAMARI, P.S. DIGHALBANK, DISTRICT- KISHANGAJ ……….. PETITIONER Versus THE STATE OF BIHAR . …………… OPPOSITE PARTY ----------- 2 26.04.2010 Heard the parties. Petitioner apprehends his arrest in connection with Dighalbank P.S. Case No. 93 of 2008 dated 5.12.2008 registered under Section 366A (wrongly written as 366C) and 384 of the Indian Penal Code. According to prosecution case, petitioner and other accused persons are alleged to have kidnapped the victim girl and after giving her sedative rape was committed upon her. Learned counsel for the petitioner submits that earlier complaint petition vide Annexure - 2 filed by informant was finally dismissed. Thereafter, in connection with same occurrence, a fresh complaint petition was filed giving rise to present case vide Annexure -1 in terms of Section 156 (3) Cr.P.C. It is also submitted that the complainant is not consistent about her allegation against the petitioner and there are contradictions in the previous complaint vide Annexure -2 and present F.I.R. vide Annexure -1. Since her original complaint was dismissed, therefore, the petitioner may be granted anticipatory bail. He further submits that on close of investigation accusation against other co-accused persons were found to be false and charge sheet was submitted only against this petitioner. Learned counsel for the state has strongly opposed prayer for anticipatory bail and has submitted that, in fact, case was instituted under Section 366A I.P.C. but by mistake in the F.I.R. Section 366C of the Indian Penal Code has been mentioned. He also 2 submits that from the perusal of the F.I.R. (Annexure -1) a case under Section 366A I.P.C. is clearly made out against the petitioner and there is direct allegation of kidnapping and rape against this petitioner. Be that as it may, in view of serious nature of allegation, prayer for anticipatory bail made on behalf of the petitioner is dismissed. Petitioner must surrender in the court below within a period of four weeks and, if so advised, seek regular bail which may be disposed of on its own merit without being prejudiced by the present order. Praful (Birendra Prasad Verma , J.)