IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3328 of 2011 NIYAMAT @ NIYAMAT ALI Versus THE STATE OF BIHAR ----------- 02. 10.03.2011 The petitioner is apprehending his arrest in a complaint case, in which cognizance has been taken on 25.01.2006 under Sections 323, 313 & 379 of the I.P.C. It is submitted by learned counsel for the petitioner that the occurrence had taken place on 01.03.2002 for which complaint was lodged on 28.11.2002 and cognizance was taken on 25.11.2006. The accusation is that after the establishment of the physical relationship the petitioner agreed to marry but subsequently retracted from his promise and since 2004 the complainant was not appearing in the case. It is also submitted that in 2010 compromise petition was also filed. The delayed lodging of the complaint and the nature of accusation, of course, create doubt about the bonafide of the accusation in the complaint, but since complaint case was instituted on 2002 and cognizance was taken on 25.11.2006 on that ground alone this court is not inclined to interfere in the matter but the six months delay in lodging the complaint itself is a good ground for regular bail. Let the court-below i.e. S.D.J.M., Katihar consider the regular bail application of the petitioner Niyamat @ Niyamat Ali in C.A. No. 2205 of 2002, preferably on the 2 same day, if the petitioner surrenders before the Court-below within a period of four weeks from today. Accordingly, this application stands disposed off. Mkr. ( Dinesh Kumar Singh, J.)