IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32822 of 2009 SURESH RAI , son of late Ram Subhag Rai, residence of village: Moraul, P.S.:Sakra, Distt.-Muzaffarpur -------------Petitioner. Versus STATE OF BIHAR ------------ 4. 31.3.2010 Heard learned counsel for the petitioner and the State. Allegation of commitment of rape is doubted on the ground that Upmukhiya was behind the informant to get lodged this case for political gain and having some differences. Otherwise, just after making statement for F.I.R. prosecutrix in her further statement changes arrival of this petitioner directly to her rather is stating coming to the door of the Upmukhiya only to make him witness and making development that something had happened with villager Arjun Singh which is not supported by any one nor the doctor examined the prosecutrix found any positive sign of rape. In my view also, there is no possibility of any witness for actual commitment of rape but the occasion victim girl accompanying the petitioner was her family’s quarrel with Arjun Singh which is also not supported by any of the witnesses doubts the prosecution case for anticipatory bail. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the 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 the C.J.M., Muzaffarpur, in connection with Sakra P.S. case no.253 - 2 - of 2009 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )