IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28494 of 2009 CHAMRU PANDIT,son of late Somar Pandit, resident of village-Charan,Police Station- Sikandra,Dist.-Jamui. Versus 1. THE STATE OF BIHAR 2. Smt. Sonia Devi,wife of Nageshwar Pandit, resident of village-Charan,P.S.-Sikandra, Dist.-Jamui. ----------- 02/ 17-09-2009 Heard learned counsel for the petitioner and the State. Petitioner has been alleged for committing rape upon the complainant but submission of the learned counsel for the petitioner is that dispute is in between the full brothers and their family members while brothers of the husband including this petitioner have been falsely implicated in an imaginary incident in which rape was committed, theft after entering into the room committed and assault with intention to kill shown. According to the learned counsel, taking benefit of prima facie perusal of the allegation cognizance has been taken, rests of the co-accused persons have been allowed anticipatory bail by the lower court and petitioner is apprehending his arrest for his no fault. In the discussed and suggested facts and circumstances, 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 Complaint Case No.314C/2009, 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 S.D.J.M., Jamui, subject to the conditions 2 as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )