IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29628 of 2011 Santosh Kumar, son of ram Udagar Mahto, resident of village – Paharpur, P.S. – Bibhutipur, District – Samastipur. ------- Petitioner. Versus The State of Bihar -----Opposite Party ***** 04. 24.10.2011 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. Counter affidavit has been filed on behalf of the complainant. The petitioner, apprehends his arrest in connection with Complaint Case No. 178/2010 for offences under Section 376 of the Indian Penal Code, is solitary named accused in this complaint case lodged two months after the offence of commission of rape. Submission is that initially no cognizance was taken after inquiry. The complaint petition was dismissed but by virtue of order of Revisional Court. Subsequently, cognizance was taken. More so, there is vital contradiction between assertions and statement of complainant and the witnesses examined during inquiry apart from others as regard to place of occurrence. As per complainant it happened at her Sasural whereas as per statement of her father the witnesses examined during inquiry he happened at his place and there is difference of about two K.Ms. in between both the places. Taking into consideration all such aspects, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Rosera, Samastipur, in connection with Complaint Case No. 178/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)