IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40715 of 2009 BRAHMDEO YADAV Versus THE STATE OF BIHAR ----------- 2. 8.1.2010 Heard. There was initially a Police case, vide Bahera P.S.Case No.367 of 2008 under the same offences of the Penal Code under which the complaint petition was registered. The case on investigation was found maliciously false, as may appear from the annexed copy of the Final Report, Annexure-3. The case proceeded on a petition of protest filed by way of complaint and this is how the petitioner has been summoned. The learned Sessions Judge has refused the prayer for anticipatory bail on the ground that the petitioner carries allegation of committing rape upon the victim. But, considering the ultimate result of investigation and non-support thereof, vide Annexure-3, let the petitioner Brahmdeo Yadav be admitted to bail, either in the event of his arrest by the police or surrender before the court below, on 2 furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipur at Biraul, Darbhanga, in Bahera P.S.Case No. 367 of 2008, subject to the conditions as laid down in Section 438(2) Cr. P.C. Kanth ( Dharnidhar Jha, J.)