IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44033 of 2009 1. BHAGESHWAR DUBEY S/O RAMNATH DUBEY R/O VILL- PURANI MEHSI, P.S- MEHSI, DISTT- EAST CHAMPARAN------------------Petitioner. Versus 1. THE STATE OF BIHAR --------------- 2. 22.2.2010 Heard learned counsel for the petitioner and the State. I agree with the submission of the learned counsel for the petitioner that independently act of the petitioner might have been attempted to commit rape but that was done in revenge of non- payment of Rs.7000/- which was given to Mukhiya’s wife for Indira Awas is not believable that also on the basis of complaint petition. According to learned counsel, the act of the complainant about her coming in late night with antesocial elements was objected by the petitioner and other villagers for that only this false allegation is made but can never justify refusal of anticipatory bail. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Motihari, East Champaran, in connection with Trial no.898 of 2009 arising out of Complaint Case no.2426 of 2008 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )