IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17857 of 2009 MISRILAL BHANDARI Versus THE STATE OF BIHAR ----------- 02 07.09.2009 Heard both sides. Petitioner seeks anticipatory bail in a case instituted under Section 376 of the Indian Penal Code, in relation to an occurrence that had taken place on 27.5.2007. The complaint lodged was treated as an F.I.R. Allegation is that while at the Railway Platform she was waiting for train, she was taken near goods godown and raped. Learned counsel submits that in fact, the informant is a tenant in the house of the petitioner. He lodged a suit seeking eviction vide Title Eviction Suit No. 07 of 2002. The same was decreed on contest. Informant preferred appeal being Title Eviction Appeal No. 03 of 2004, which was dismissed. She then preferred Second Appeal that was also dismissed. Referring to the present case, it is contended that the Police on conclusion of investigation submitted Final Form. Learned counsel took the Court through reasons assigned by the Police in holding the case untrue. Referring to 2 Annexure-4 it is next contended that the petitioner retired from the West Bengal Electricity Board on 31.7.2009 and as such he is presently aged about 72 years. Considering the tell tale circumstances of the present case, this Court is persuaded to extend the petitioner privilege of anticipatory bail. In the facts and circumstances of the case, the above named petitioner, in the event of arrest or surrender in the court below within four weeks from the date of receipt of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Samastipur in connection with Samastipur Rail P.S. Case No. 70 of 2007, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. P.K. (K.K. Mandal, J.)