IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12521 of 2010 KRISHANA PRASAD,son of Prayag Prasad,resident of village-Pachohiya,P.S.- Nawada,District-Nawada. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioner :M/s Yogesh Chandra Verma, Sr.Advocate & Sudhanshu Kumar,Advocate For the Complainant:M/s Durgesh Nandan and Hirday Pd.Singh,Advocates For the State :Mr.Akhileshwar Dayal,Addl. P.P. ----------- 02/ 12-05-2010 Heard the parties including the learned counsel appearing on behalf of the complainant. In a criminal prosecution for the offences under Sections 392, 376/34 of the Indian Penal Code as also under Section 27 of the Arms Act, the petitioner and the complainant are closely related to each other and it has been asserted that the petitioner is the nephew of the complainant. In the complaint petition, the petitioner is alleged to have snatched Rs.12,000/- from the complainant and co-accused Rajendra Pd.Sinha, the full brother of the petitioner, is alleged to have committed rape upon the daughter-in-law of the complainant. Learned counsel for the petitioner submits that, in fact, there has been longstanding enmity between the parties. Father of the petitioner had lodged a criminal case for the offence under Section 307 and some other allied offences under the Penal Code as also under Section 27 of the Arms Act on 23-05-2009 vide Annexure-2, in which Kedar Mahto, son of the complainant and 2 husband of Geyatri Devi is still in judicial custody and his prayer for regular bail has been rejected by this Court vide order dated 02-12-2009 passed in Cr.Misc.No.41152 of 2009 (Annexure-3). It is further submitted that because of the fact that the son of the complainant is still in judicial custody and, therefore, in order to take revenge, the present complaint petition has been filed with all baseless and false allegation. It has also been asserted that the petitioner has fair antecedent and there is no criminal history at all against him. Taking into consideration the aforesaid facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.1399 of 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 Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)