IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11107 of 2009 PANCHU SAHNI,son of Asheshar Sahni,resident Of village-Tara Pakar,P.S.-Mehsi,District- East Champaran. Versus STATE OF BIHAR ----------- 02/ 16-04-2009 Heard learned counsel for the petitioner and the State. I find it out and out misuse of the Penal provision enabling a helpless lady, as I find some substance in the submission made on behalf of the learned counsel for the petitioner that in the year 2003 a complaint was filed on behalf of the complainant, which was dismissed on 06.11.2003 and the date of leaving petitioner’s house was March, 2002. In that course father of the complainant filed a case against paramour of the complainant for his act that he entered into his house for having relation with the complainant and his violent act. So, petitioner’s arrest can never be justified basing the false allegations only. I agree with the same. In case of arrest or surrender within one month from today in Complaint Case No.460/2006 (Tr.No.1849/2008), the above named petitioner 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 Sub-Divisional Judicial Magistrate(East), Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )