IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45330 of 2009 MD.NOOR @ NOOR MOHAMMAD, son of Nazir Mohammad @ Naziruddin, village Serajmani, PS Abadpur, district Katihar – petitioner. Versus STATE OF BIHAR ----------- 2 23.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case under sections 376, 501 and 120B of the Penal Code. The petitioner had earlier filed a case against the husband of the victim lady and the witnesses of the case, namely, Halima Khatoon and Qasimuddin, under sections 420 and 406 of the Penal Code in which there was an allegation with respect to execution of a sale deed. Just ten days after the case was filed, the present case has been instituted alleging rape against the petitioner. It is submitted that the reason for filing this case is obvious as it appears that it is a malafide prosecution. Considering this aspect, the petitioner in the event of his arrest or surrender within six weeks, is directed to be released on anticipatory bail in Abadpur PS Case No. 68/2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)