IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23343 of 2009 SURESH YADAV Versus STATE OF BIHAR ----------- 02 14.09.2009 Heard both sides. Sole petitioner has approached this court seeking anticipatory bail in a case instituted on the strength of a complaint under Sections 376, 307, 380, 323 and 452 of the Penal Code and Section 27 of the Arms Act. Allegation as per the complaint is that the petitioner along with one other person entered into the house committed rape. It is contended that an enquiry was made. On conclusion of enquiry, the court has taken cognizance under Section 376/511 of the Penal Code. Learned counsel for the petitioner referred to the averments made in paragraph no.11 to show the reason for lodging this case with concocted allegations. This court finds that, in course of enquiry, witnesses have supported the allegation. Having regard to the materials on record, this court is not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail is, accordingly, rejected. Let petitioner surrender and apply for regular bail before the court below which shall be considered and disposed of on its own merit uninfluenced by the present order passed by 2 this court in the present proceeding. This application is, accordingly, disposed of. Sym/ (Kishore K. Mandal, J.)