IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16322 of 2009 1. MD.TAWRAZ @ MD.TAWRAZ ALAM,S/o Md. Idrish,resident of village-Bhatoriya, P.S.-Amour,Dist.-Purnea. 2. Md.Muzahid,S/o Md. Habib,resident of village-Maitra,P.S.-Amour,Dist.-Purnea. Versus STATE OF BIHAR ----------- 02/ 14-05-2009 Heard learned counsel for the petitioners, learned counsel for the complainant and learned counsel the State. Petitioners have been alleged for committing rape upon the complainant, which is opposed on the ground that for the alleged incident complaint case was filed after 26 days, which was sent for investigation and after investigation the allegation was found false. Thereafter, on protest cognizance has been taken. Learned counsel indirectly makes the submission that the allegation which appeared even prima facie proof of cognizance will be a weak evidence, basing which petitioners’ arrest at the moment cannot be justified, though the same is vehemently opposed by the learned counsel appearing for the complainant but I agree with the view submitted by the learned counsel for the petitioners. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No.2399 of 2007, arising out of Amour P.S.Case No.41 of 2007, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial 2 Magistrate, Purnea, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )