IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26780 OF 2009 MD.MAHTAB, SON OF MD. HIFZUR RAHMAN, RESIDENT OF VILLAGE SOBHAN, POLICE STATION SIMRI, DISTRICT DARBHANGA VERSUS THE STATE OF BIHAR ********* 2 16/10/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 376 of the Indian Penal Code and Section. Referring to Annexure-2, learned Counsel for the petitioner submits that he was a neighbour of the informant and he was disturbed that anti-social elements used to visit the house of the informant in the night and create havoc in the neighborhood and as such he filed a complaint before the Sub-Divisional Officer, Darbhanga. It is submitted that in retaliation, the present case has been filed alleging that the petitioner was having an affair with her and that he had promised to marry her but later on he demanded a sum of Rs. Two lacs as dowry. It appears from the tenor of the First Information Report as well as the complaint filed before the Sub Divisional Officer, Darbhanga for maintenance of law and order that the case appears to be false. The allegation that the informant was pregnant has also 2 been falsified by the medical board. Learned Counsel for the petitioner submits that this is a case which is completely false and infact the case implicates the petitioner who is a respected person of that locality. He also submits that if the evidence is taken into consideration, no case under Section 376 of the Indian Penal Code is made out. Be that as it may, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below with a period of four weeks in Simri Police Station Case No. 136 of 2008 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)