IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36669 of 2010 TAHIR @ MD.TAHIR . Versus STATE OF BIHAR . ----------- 2. 06.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. Allegation againt the petitioner is that for the first time forcibly he committed rape upon the complainant and thereafter continued the same for several times. Submission of the learned counsel for the petitioner is that matter was thoroughly investigated by the investigating officer and final form was submitted exonerating petitioner. Thereafter, only on protest, cognizance is taken but matter remains at the point that petitioner’s sister is married with complainant’s brother, where she was being tortured and prior to filing of this case she filed a case for offence under section 498A of the Indian Penal Code, in which petitioner is one of the witnesses and only to create defence to save the skin of her brother, this allegation is levelled against the petitioner. Taking this into consideration, in the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint case No. c-123 of 2007, 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 learned Sub- Divisional Judicial Magistrate, Kishanganj subject to the conditions as laid down under section 438(2) of Cr.P.C. Devendra/ ( Mandhata Singh, J. ) 2