IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7427 of 2010 NAGEBDRA YADAV @ NAGENDRA BANIA SON OF MAHABIR YADAV, RESIDENT OF VILLAGE LOHARA, P.S. BISFI ( PATOUNA) DISTRICT MADHUBANI. Versus STATE OF BIHAR ----------- For the petitioner : Mr. Gagandeo Yadav, Adv. For the State : Mr. Chandra Bhushan Prasad, A.P.P. ----------- 2/ 18.03.2010 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State. Petitioner apprehends his arrest in a case instituted for the offence under section 376/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that on close of investigation entire allegations were found to be false and accordingly, Investigating Officer submitted final report dated 23.02.2006, Annexure- 2, showing therein that the entire accusation against the accused persons are false. The Investigating Officer has also recommended for criminal prosecution against the members of the prosecution party under sections 182/211 of the Indian Penal Code, who were instrumental in lodging a false criminal case. However, learned Magistrate by disagreeing to the police report has taken the cognizance in the present case. Learned counsel for the petitioner has drawn my attention towards the order dated 06.03.2009 - 2 - passed by a bench of this Court whereby co-accused Nagendra Yadav son of Shri Jagdish Yadav, with exactly similar allegation as that of the petitioner, has been extended the privilege of anticipatory bail. Learned counsel for the State has also not disputed the aforesaid position. Be that as it may, in the facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender in the court below within four weeks from today , be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Bisfi ( Patauna ) P.S. Case No. 141 of 2005, subject to the condition as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/