IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28658 of 2011 Tun Tun Singh S/o late Bhrigu Nath Singh, Resident of village-Baldihan, P.S.-Amnour, District-Saran Versus The State of Bihar ----------- 2. 26.8.2011. Heard learned counsel for the petitioner and learned counsel for the State. Initially a complaint was filed on 20.10.2000 naming the petitioner as an accused in connection with a case registered for the offence under sections 376, 354, 380, 315 and 452 of the Indian Penal Code. The said complaint was referred to the police for institution of a case and investigation. The police registered a case under sections 376, 379 and 316 of the Indian Penal Code. The case was investigated and on conclusion of investigation a final report was submitted. The petitioner was not sent up for trial. However, subsequently, the learned Magistrate differing with the police report took cognizance of the offence punishable under sections 376, 379 and 316 of the Indian Penal Code. It is submitted that neither any summon nor any warrant was ever served after cognizance was taken in the matter. Taking into consideration the fact that the police, a statutory body, after investigation did not find any substance in the allegation, let the petitioner, namely, Tun Tun Singh in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five 2 thousand) with two sureties of the like amount each to the satisfaction of Sri Arun Kumar, J.M., Ist class, Saran at Chapra in connection with U.T. No.48 of 2010 arising out of Amnour P.S. Case No. 138 of 2004 subject to the conditions as laid down under section 438(2) Cr. P.C. Md.S. ( Ashwani Kumar Singh, J.)