IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2048 of 2011 SUNIL KUMAR @ BITTU SON OF NAGENDRA PRASAD Versus THE STATE OF BIHAR ----------- 3. 11.4.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 376 of the Indian Penal Code. It is alleged by the victim that while attending to her ailing mother, one boy working with Pathology Centre established forceful physical relationship with her. The boy named has been disclosed in the F.I.R. as Sunil Kumar alias Bittu, resident of Mohalla Sarai, whose father’s name is not mentioned in the F.I.R. On perusal of the case diary, learned counsel for the State submits that initial investigation was pursued against Sunil S/o Hari Mohan Yadav. The father of the victim also made allegation against the said person. The name of the petitioner is also Sunil but he is son of Nagendra Prasad. It appears that recently the police has found the complicity of the petitioner in the offence and the investigation is still pending and the case diary is available on the record till 10.8.2010. Considering the aforesaid facts, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Aurangabad 2 (T) P.S. case No.414 of 2009 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bond of the petitioner will be accepted on an undertaking on affidavit that he will make himself available as and when required by the Investigating Agency and any failure to keep up the undertaking will give the liberty to the prosecution to file an application for cancellation of bail of the petitioner. S.Ali/Narendra ( Dinesh Kumar Singh, J. )