IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7006 of 2008 RAM BABU PRASAD Vrs. THE STATE OF BIHAR **** /7/ 18.09.2008 Heard the counsel for the petitioner, the State and the counsel appearing on behalf of respondents 2 and 3 as both re same. 2. Complaint case was filed against the petitioner alleging offence under Sections 342, 352 and 376 of the Indian Penal Code and the cognizance was taken considering the solemn affirmation of the complainant. Petitioner’s anticipatory bail application was rejected by the Sessions Court. Now the petitioner has moved before this Court for grant of anticipatory bail stating that there is no such person named as Sri Devi in the entire village. One Salma Bano at the instigation of Shivji Prasad has instituted a false complaint case. Subsequently, Salma Bano filed a compromise petition stating that she is an illiterate lady, as such, she was not knowing what is mentioned in the complaint petition, as such, a false case was filed. 3. I fail to understand that what is the answer of the complainant regarding her statement on solemn affirmation, which she made in the Court. Counsel appearing for opposite 2 parties 2 and 3 states that the complainant is an old lady of 60 years. If she is an old lady then how she stated that she is of 45 years of age. All these are facts which should have been considered by the Sub Divisional Judicial Magistrate, who took cognizance of the offence in a mechanical manner under Section 376 of the Indian Penal Code. Cases which require police investigation taking cognizance in such cases, merely considering statement of one or two witnesses examined in an enquiry under Section 202 should be avoided. False cases instituted maliciously are usually filtered and checked during investigation, before it comes before the Court for cognizance and trial. 4. Sub Divisional Judicial Magistrate, Raxaul, Motihari, East Champran, is directed to take appropriate steps for institution of criminal case against the complainant for instituting a false case. 5. Prayer for grant of anticipatory bail on behalf of the petitioner, Ram Babu Prasad, is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) 3 with two sureties of the like amount each in connection with Complaint Case No. 146 of 2007 to the satisfaction of the Sub Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )