IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36161 of 2009 RAJ NARAIN SINGH S/O SIDHNATH SINGH VILL- MEMATPUR, P.S- ARA MUFASIL, DISTT- BHOJPUR Versus THE STATE OF BIHAR ----------- 2. 4.11.2009 Heard counsel for the petitioner and the counsel for the State. While the petitioner may have all justified defence for exonerating himself from the allegation u/ss 376/511 I.P.C. on the basis of that the police had found the case to be false but then when the petitioner came to know of his involvement in this case by virtue of an order taking cognizance on a protest petition filed against him dated 10.6.2005, he ought to have surrendered well in time in stead of running away for a period of four years. It has to be noted that the prayer for anticipatory bail of the petitioner was rejected by this Court on 8.9.2005 and yet he did not surrender for almost next four years. Taking all these facts into account this Court is not inclined to release the petitioner on bail for the present but then as the case was found to be false by the 2 police in course of investigation and disposal of the complaint case by way of trial will take some time, if the trial of the petitioner is not concluded in next three months i.e. on or before 5th of February, 2010, the abovenamed petitioner shall be released on bail by the trial court on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri V. Bhardwaj, Judicial Magistrate, 1st Class, Bhojpur at Ara in Protest Complaint Case No. 1081(C)/ 2003, subject to the condition that the petitioner must remain present in course of trial and his absence on two consecutive dates will make him liable for cancellation of bail. This application is, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/