IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14871 of 2010 PARAS NATH KUSHWAHA Versus 1. THE STATE OF BIHAR 2. Soni Devi -------- 2/ 13.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. No doubt, there is clear allegation that an attempt was made on behalf of this petitioner for committing rape but that could not be acted upon due to arrival of witnesses on victim’s alarm. The same was thoroughly investigated, found false. Prosecution under Section 182 and 211 of the I.P.C. was recommended, ignoring the same, on protest only cognizance is taken. No doubt, once final form is submitted exonerating accused persons and protest is filed, taking that a distinct case, cognizance can be taken but not in those cases where prosecution is recommended for the offence under Sections 182 and 211 of the I.P.C. ignoring which cognizance is taken but that can never justify petitioner’s refusal of anticipatory bail. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with C.A. Case No. 367 of 2009, 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 to the satisfaction of Sri M.M.M. Bari, J.M., Ist class, Katihar subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)