IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45624 of 2009 MD.FIROJ @ KARU son of Md. Kalim Versus STATE OF BIHAR ----------- 2/ 05.03.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case for the offence under Section 376 (G) / 34 of the Indian Penal Code and Section 3(iii) and (vii) of SC/ST Act. The petitioner states that informant is in habit of lodging false cases and in support of his contention, he has annexed Annexures- 4, 4(i), 5 and 5(i). Learned counsel further submits that the informant in her statement under Section 164 Cr.P.C. has not taken the name of the petitioner. Learned counsel further submits that the medical report does not support the factum of rape. He further submits that co- accused Md. Islam and Md. Ayub have already been granted anticipatory bail by order dated 11.12.2009 passed in Cr. Misc. No. 40299 of 2009. He further submits that the case of the petitioner stands on better footing. In the circumstances, in the event of arrest or surrender within six weeks from today before the court below in connection with Saharsa (Sadar) P.S. case no. 306 of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two - 2 - sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Samarendra Pratap Singh, J.)