IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8607 of 2010 SHAMBHU YADAV Versus THE STATE OF BIHAR ----------- 2 20.4.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with complaint case no. 1370 of 2008 in which cognizance has been taken under section 376 of the Indian penal Code. Learned counsel for the petitioner submits that for the alleged occurrence dated 12.4.2008 a complaint petition vide Annexure-1 was filed on 2.6.2008 i.e. almost after two months, where there is allegation of rape against the petitioner. For the aforesaid occurrence dated 12.4.2008 one Yogendra Yadav, the husband of the complainant, lodged Barahara P.S. case no. 61 of 2008 dated 14.4.2008 registered under sections 448, 504, 341, 323, 354, 506 of the Indian penal Code. Learned counsel for the petitioner highlighted that in the aforesaid police case lodged by the husband of the complainant, there is absolutely no allegation of rape against the petitioner and therefore, entire prosecution allegation as stated in the complaint petition vide annexure-1 stands contradicted and falsified. Further on close of investigation of the police case, the police has submitted charge sheet vide annexure-3 under sections 427, 504 of the Indian penal Code only. Therefore, allegation either of rape or of outraging modesty punishable under section 354 of the Indian penal Code was not found to be true. Taking into consideration the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest or - 2 - surrender in the court below within a period of four weeks from today , shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount teach to the satisfaction of C.J.M. Purnia, in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman