IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39166 of 2011 Abu Zafar, Son of Abdul Ghani, R/o Village Behro, P.S. Kadwa, District Katihar. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------- 02/- 07/12/2011 Supplementary has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 376, 323, 379, 504 of the Indian Penal Code and Section 27 of Arms Act, is one of the named accused in this case arising out of Complaint Case No. 1228 of 2011 with allegation of committing rape upon the complainant-informant, who is none else than own younger sister-in-law (Sali) of the petitioner. Submission is that in fact petitioner committed no wrong and the case has been instituted just in retaliation of earlier filed case i.e. Kadwa P.S. Case No. 74 of 2011 at the instance of petitioner against two brother of the complainant- informant. However, in all cases the disputes between the parties have been resolved and accordingly, petitions for compromise have been filed and are on record in respective cases. Considering the facts and circumstances of the case, in the event of complainant-informant appearing before the court below and on due identification supporting the factum of compromise with her free will and consent without any coercion and her full brothers appear as bailors, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Kadwa P.S. Case No. 104 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)