IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34508 of 2008 SINGHESHWAR DAS, son of late Funho Das, resident of village Jhajha, P.S. Banka, District Banka Versus 1. STATE OF BIHAR 2. Neelam Devi @ Luri Devi, wife of Kamal Das, resident of village Jhajha, P.S. Banka, District Banka ----------- 03/ 02.04.2009 Heard learned counsel for the petitioner and the complainant. Petitioner is apprehending his arrest in connection with a case, which was initially registered as complaint case for the offence under Section 376 of the Indian Penal Code, which was remitted to the police for investigation and after investigation, police submitted final form and the petitioner was not sent up for trial. The court below, however, differing with the final form, has proceeded to take cognizance of the offence in the light of the protest petition. Let the petitioner, Singheshwar Das surrender in the court below within four weeks from today and the court below should verify the fact that police submitted final form against the petitioner and he has not been sent up for trial and if correct then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Complaint Case No. 2138 of 2007, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Arjun/ (V.N. Sinha, J.) 2