IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18646 of 2011 Swetank Kumar @ Toni Kumar Versus The State Of Bihar ------------ 03. 17.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The petitioner, apprehends his arrest in connection with Warsaliganj P.S. Case No. 51/2010, pending in the court of Chief Judicial Magistrate, Nawada, is named accused in this case with allegation of committing sexual assault upon the informant a widow lady. Submission is that there was a dispute with one Janardhan Prasad Singh who was instrumentally filed a case getting undue advantage of informant being of illiterate lady. This fact is evident from petition which said to have been filed by the informant before the court below on 01.06.2010, completely exonerating the petitioner from such offence. Considering the facts and circumstances of the case, in the event of informant and her daughter both on due identification appearing before the court 2 below supporting the contents of the petition said to have been filed on 01.06.2010, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Warsaliganj P.S. Case No. 51/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)