IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18340 of 2011 Om Prakash Kumar @ Chunnu Versus The State Of Bihar ----------- 02. 29.06.2011 Petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 376 of the I.P.C. It is alleged that when the husband of the complainant went outside this petitioner entered into the house and committed rape. It is submitted by learned counsel for the petitioner that complainant is 45 years old having three children and none have seen the occurrence. Moreover the occurrence alleged to have taken place on 30th of August, 2010 for which the complaint was filed on 1st of September, 2010. The complaint does not reflect that any medical examination of the victim was done. It is submitted that the reason for filing the frivolous case is that the complainant brought some articles from the shop of the petitioner on credit and when petitioner went to demand the money the present complaint was filed. The delayed lodging of the complaint and none examination of complainant by any doctor create doubts about the bona fide of the accusation. Considering the aforesaid facts, let the petitioner namely Om Prakash Kumar @ Chunnu, in the event of his 2 arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2470C of 2010. Shageer ( Dinesh Kumar Singh, J)