IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1407 of 2009 1.Devi Lal Singh,s/o late Anup Singh 2.Suresh Prasad Singh,s/o Kripal Singh Both resident of village-Gospur,P.S.- Dalasingsarai,District-Samastipur. Versus THE STATE OF BIHAR ----------- 04/ 04-05-2009 It appears from the record that vide order dated 02-02- 2009 this petition as against petitioner no.1 Devi Lal Singh has already been dismissed as infructuous. Heard learned counsel for petitioner no.2 and the State. Submission of the learned counsel for the petitioner is that petitioner no.2 has been alleged for committing rape upon the complainant, who is none else but the mother of Ful Kumari’s husband. Ful Kumari Devi happens to be the sister-in-law (wife’s sister) of the petitioner. He always opposes the act of the complainant and her family members regarding causing cruelty upon Ful Kumar Devi at their hands but that could not be stopped. Ultimately finding no remedy Ful Kumar Devi filed a complaint petition against the complainant and her family members, that is why petitioner has been involved in the allegation of 376 of the Penal Code. The complaint of Ful Kumari Devi clearly goes to show that there are members in the complainant’s family including her husband, so it could not be possible to commit rape in absence of husband alone. However, petitioner’s arrest basing the complaint under the discussed suggested circumstance is not proper. I also agree with the same. Accordingly, this petition for anticipatory bail in respect of 2 petitioner no.2 is allowed. In case of arrest or surrender within one month from today in Complaint Case No.94/2007, the above named petitioner no.2 (Suresh Prasad Singh) shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Dalsingsarai, Samastipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )