In the High Court of Judicature at Patna Cr. Misc. no.16205 of 2009 Pintu Gope, son of Chano Gope, resident of Village-Sahimchak(Baikathpur), P.S.-Khuarupur, District-Patna -----------------------Petitioner. Versus The State of Bihar -------------------Opp. Party. -------- 2. 14.5.2009 Heard learned counsel for the petitioner and the State. Petitioner along with his father and uncle have been alleged for entering informant’s house and petitioner is specifically alleged for entering the room where the informant was sleeping and pointing out pistol he took all the cash, ornaments and valuables and further committed rape also. Thereafter, he came out of the room and left the house with co-accused persons. According to the learned counsel for the petitioner, there is admitted previous enmity in between the parties. Pointing out pistol robbery is said to be committed, if believed, then committing of rape may not be probable while the male members of petitioner’s family were waiting for the petitioner outside the room. Otherwise also no positive evidence is found till now in the case about commission of rape and rest of the co-accused have already been allowed anticipatory bail by the learned Sessions Judge itself. In case, the circumstance as shown prevailing between the parties followed by commitment of robbery, in my view, if it is taken into consideration petitioner appears entitled for anticipatory bail. Accordingly, in the event of arrest or surrender within one month from today in Khusrupur P.S. case no.173 of 2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each - 2 - to the satisfaction of the C.J.M., Patna , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )