IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2264 of 2011 VIJAY YADAV Versus THE STATE OF BIHAR --------- 03/ 10.03.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State assisted by the learned counsel for the complainant. Earlier petitioner as well as one co-accused Dharmendra Yadav had filed Cr. Misc. no. 21722/2010 for relief of anticipatory bail but the aforesaid criminal miscellaneous case was dismissed by this court holding that anticipatory bail application was not maintainable in the case of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act but this court also observed in the above stated order that the circumstances placed before this court at the time of hearing of the above stated criminal miscellaneous case can be heard at the time of consideration of regular bail if it is filed on behalf of the petitioner. Although there is allegation against the petitioner and co- accused Dharmendra Yadav that they committed rape on the complainant but the contention of the learned counsel for petitioner is that above stated complaint case has been brought by the complainant at the behest of one Sunil Singh who happens to be Mukhiya of the concerned block. It is pointed out by the learned counsel for the petitioner that petitioner had filed several complaint petitions against aforesaid Mukhiya as a result of which aforesaid Mukhiya set up the complainant and got filed above stated complaint case. - 2 - On the other hand, learned counsel appearing for the complainant vehemently opposes the prayer for bail pointing out that not only the complainant but witnesses also supported the complainant’s case in course of enquiry and furthermore, medical evidence also corroborates the version of the complainant. Taking into consideration above stated submissions as well as observations made by this court in order dated 16.7.2010 passed in Cr. Misc. no. 21722/2010, let the petitioner Vijay Yadav be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Sanjeev Kumar, Judicial Magistrate, Biharsharif, Nalanda in connection with Complaint Case no. 1321C of 2009. shahid (Hemant Kumar Srivastava,J)