IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42837 of 2009 Baiju Jha @ Baiju Kumar Jha, son of Ashok Kumar Jha, resident of Village; Galma, Police Station: Ghanshyampur, District-Darbhanga Versus The State Of Bihar ----------- 2. 3.2.2010 Heard learned counsel for the petitioner. No one appears for the State although the name of learned APP is appearing in the daily cause list. The petitioner prays for anticipatory bail in C.R. No. 188/2009 (T.R. No. 3420/2009) under Section 376 of the Indian Penal Code. The said complaint case has been instituted on the basis of a Protest-cum-Complaint petition after the final form submitted by the police was accepted by order dated 2.2.2009 by the learned ACJM, Drbhanga in Bahadurpur P.S. Case No. 239/2007. At the outset it is stated by learned counsel for the petitioner that in the said Bahadurpur P.S. Case No. 239/2007, an anticipatory bail application was filed before this Court in this case being Cr. Misc. No. 7632/2008 which was dismissed as withdrawn by order dated 2.5.2008 on the prayer of learned counsel for the petitioner. Learned counsel for the petitioner points out that the father of the petitioner had filed a Complaint Case being C.R. No. 317/2007 on 30.10.2007 in the Court of ACJM, Benipur in which the complainant, her husband and two other persons were named as accused. After examining the complainant-father of the petitioner in that case and also this petitioner as witness, by 2 order dated 1.11.2007 (Annexure-7A) the learned ACJM, Benipur took cognizance in the said Complaint Case on against all the four accused persons of the complaint case. It is submitted that as a counter blast to the same a Complaint Case bearing C.R. No. 1559/2007 was filed on 2.11.2007 by the complainant of the present case but subsequently she withdrew it on 5.11.2007. Thereafter belatedly the FIR of Bahadurpur P.S. Case no. 239/2007 was filed on 3.12.2007. The police investigated the case and on finding no evidence in support of the accusation submitted a final report on 5.2.2008. It is submitted by learned counsel that it was only on account of the submission of final form by the police on 5.2.2008 that on the earlier occasion when the petitioner had applied for anticipatory bail before this Court in Cr. Misc. No. 7632 of 2008, the same was sought to be withdrawn. The learned ACJM, Darbhanga accepted the final form on 2.2.2009 but on the Protest-cum-Complaint petition the present complaint case being C.R. No. 188/2009 (T.R. No. 3420/2009) has been instituted in which cognizance has been taken against the petitioner. It is submitted by learned counsel that it is evident from the sequence of events that without any iota of evidence and only as a counter blast to the earlier complaint case filed by his father, in which this petitioner was a witness, he has been falsely charged in the present Protest-cum-Complaint Petition. 3 It is further urged that the petitioner is a student residing at Patna and only to pressurize and harass and to take revenge, he has been made an accused in the present complaint case. It is further submitted that he has no criminal antecedent. On a consideration of the aforesaid facts and circumstances, it is directed that the petitioner, Baiju Jha @ Baiju Kumar Jha, in the event of his arrest/surrender in connection with C.R. No. 188/2009 (Tr. No. 3420/2009), within four weeks from today, 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 Shri B.Pandey, Judicial Magistrate, 1st Class, Darbhanga, subject to the other conditions laid down under Section 438(2) Cr.P.C. It is made clear that the father of the petitioner shall be one of the bailors. S.Pandey ( Ramesh Kumar Datta, J.)