IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31755 of 2009 MD.SANTU, Son of Late Abu Talib, resident of Sonatola, P.S.-Barsoi, District-Katihar. …………Petitioner. Versus THE STATE OF BIHAR ………..Opp. Party. ----------- 2/ 12.10.2009 Heard counsel for the petitioner and the State. Petitioner is the elder brother of the husband of the informant. The case has been instituted under Sections 376/511 of the Indian Penal Code. Counsel for the petitioner submits that as per the allegation, no offence under Section 376 has been made out. At best taking the allegation it can be the offence under Section 354 of the IPC which is bailable. Considering the fact, prayer for anticipatory bail on behalf of above named petitioner is allowed. He is directed to be released on bail on his appearance before the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barsoi P.S. Case No. 92/2009 subject to the condition laid down under Section 438(2) Cr. P.C. Sanjeet/ (Mridula Mishra, J.)