IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49564 of 2008 KISAN RAUT Versus STATE OF BIHAR ----------- 3 13.04.2009 Heard both sides. Petitioner, apprehending arrest in a case instituted under sections 376 and 366 of Indian Penal Code, has approached this Court for grant of anticipatory bail. Admittedly, the complaint was lodged three years after the alleged occurrence which was subsequently treated as F.I.R. As per allegation in the F.I.R., the informant, a lady aged about 50 years, was kidnapped by the petitioner and raped on several occasions. Counsel for the petitioner, referring to various paragraphs of the case diary, submits that there is/are materials on record which indicate that she, on her own, accompanied the petitioner to Punjab. There is yet another set of witness to allege that she was in fact kidnapped and raped. Counsel for the State, referring to the supervision note of the Dy.S.P. submits that both the stories have been found to be true by the Supervising officer. Counsel for the petitioner submits that the investigation is still under progress. Having regard to the special facts appearing from the record, this Court is inclined to admit the petitioner to anticipatory bail which shall be confined only to the period of investigation. In the event of arrest or surrender in the Court below 2 within four weeks, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari in connection with Darpa P.S. case no. 14 of 2008 subject to the condition as laid down under section 438(2) of Code of Criminal Procedure. It is made clear that the privilege of anticipatory bail shall be confined only during the period of investigation. No sooner the final form is submitted, the order shall become inoperative. The petitioner shall thereafter apply for bail in accordance with law. pkj ( Kishore K. Mandal, J. )