IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18639 of 2009 YOGENDRA YADAV @ YOGINDRA YADAV Versus The STATE OF BIHAR ------ 2/ 06.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is alleged for committing theft and at the same time, committing rape upon the informant. According to the learned counsel, land dispute was prevailing in between the parties. In that continuation, a case was lodged against the informant, her husband and other family members for offence under Section 307 and other allied sections of the I.P.C. in which they were remanded to custody also, but after bail, this case is lodged showing the incident of 20 days earlier which was also sent for registering F.I.R. by the learned C.J.M. and thoroughly investigated by the I.O. filling final form with no accusation then only cognizance is taken which in my view also does not justify petitioner’s arrest. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Benipatti (Arer) P.S. Case No. 191 of 2007 corresponding to G.R. No. 2446 of 2007, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani (District-Madhubani) subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)