IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2500 of 2009 ALAUDDIN, S/o Late Gafur Mian, resident of village – Tinsimani, P.S. Katoriya, District – Banka. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 04/ 06.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offences under Sections 376/34 of the Penal Code. It is submitted on his behalf that after investigation police submitted final form but differing therewith in a mechanical manner the court below has taken cognizance of the offence and has summoned the petitioner and he is apprehending his arrest. It is submitted on behalf of the petitioner that the investigating agency having found the allegations to be false did not recommend the petitioner for trial. Let petitioner Alauddin surrender in the court below within four weeks from today and if it is found that the final form was submitted and the petitioner was not recommended for trial, then the court below shall admit the petitioner to the privilege of bail on furnishing bail of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No. 193 of 2001, subject to the conditions as laid down under Section 438(2) Cr.P.C. This application is, accordingly, disposed of. DKS/ (V.N.Sinha, J.)