IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18567 of 2010 SHYAM SUNDAR YADAV Versus STATE OF BIHAR ----------- 04/ 19.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Originally, complainant-Niro Devi filed complaint case being Complaint case no.1312C/2007 against petitioner with allegation that on 11.10.2007 he committed rape with her. The aforesaid complaint case was converted into Laxmipur P.S. Case no. 177/2007. The police after due investigation of the aforesaid Laxmipur P.S. Case no. 177/2007 filed final form showing accusation untrue. It appears that a protest petition was filed by aforesaid Niro Devi and the matter was again proceeded on the aforesaid protest petition treated it as complaint petition and subsequently, cognizance has been taken of the offence under section 376 IPC. Learned counsel for the petitioner submits that, as a matter of fact, one Anita Hembram lodged Laxmipur P.S. Case no. 59/2007 against the husband of the above stated Niro Devi and the aforesaid Anita Hembram was maid servant of the petitioner and that is why the husband of the aforesaid Nira Devi got instituted the instant case against the petitioner after setting his wife. Considering the aforesaid circumstances as well as submissions of the parties, petitioner, Shyam Sunder Yadav , in the event of his arrest/ surrender within 30 days from the date of communication of the order, be released on bail in connection with Laxmipur P.S. Case no.177/2007 on furnishing bail bond of Rs 2 10,000/- with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Jamui subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J)