IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12062 of 2010 MD.ENAMUL HAQUE @ MD.ILAMUL,son of Md. Akhtar, resident of village-Karauti Bazar, P.S.-Udakishunganj, District-Madhepura. .. .. .. Petitioner Versus 1. THE STATE OF BIHAR 2. Jamila Khatoon,daughter of Md. Hadish,resident of village-Karauti Bazar, P.S.-Udakishunganj,District-Madhepura. .. .. .. Opp.Parties ----------- For the Petitioner :Mr.Ashutosh Kumar,Advocate For the State :Mr. P. Mehta,Addl.P.P. ------------ 02/ 03-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 363, 365 of the Penal Code as also under Section 354 of the Penal Code, the petitioner is named in the complaint petition vide Annexure-1 and he is said to be Sarpanch of the Gram Panchyat in question. It is submitted that, though in the complaint petition there was allegation of rape against the accused persons including the petitioner, but that allegation was not found to be true and cognizance has been taken only under Section 354 of the Penal Code, which is a bailable one. By referring to order dated 26-03- 2010 passed in Cr.Misc.No.2745 of 2010, which has been brought on record by way of Annexure-A to the supplementary affidavit, it is submitted that other five co-accused persons have been granted anticipatory bail by this Court and the case of the petitioner is almost similar and identical, save and except the fact that cognizance under Section 354 I.P.C. has also been taken against the 2 petitioner, which, of course, is bailable one. It is further submitted that the entire occurrence is the result of political rivalry between the parties and the complainant appears to be playing in the hands of some political rivals of the petitioner. Be that as it may, in view of the fact that five other co- accused persons have been granted anticipatory bail by order dated 26-03-2010 passed in Cr.Misc.No.2745 of 2010, maintaining the consistency, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No. C-73 of 2008, 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 Sri R.S.Yadav, Judicial Magistrate, Ist Class, Madhepura, 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.)