IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2568 of 2009 TEJO RAI son of Sri Vasudev Rai, resident of village Babupur Salakhanni, P.S. Satation Dalsingh Sarai Dist. Samastipur. Versus STATE OF BIHAR ----------- 3 4.2.2009 Heard learned counsel for the petitioner and the State. Petitioner had earlier moved for grant of anticipatory bail but after some arguments the application was dismissed as withdrawn as per order dated 24.11.2008, passed in Cr. .Misc. No. 36786 of 2008 as contained in annexure-1. The petitioner is accused for an offence under section 376 of the Indian Penal Code. It is submitted that co-accused having similar allegation has been allowed anticipatory bail as per order dated 1.12.2008 passed in Cr. Misc. No. 41368 of 2008. It is further submitted that the specific allegation of committing rape is on the co-accused Anil Rai who has been allowed anticipatory bail as per order contained in annexure-6. In the facts and circumstances of the case let petitioner Tejo Rai in the event of his arrest or surrender in the court below within four weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M. Dalsingsarai in Dalsingsarai P.S. case No. 7 of 2006 subject to the conditions as laid down under section 438(2) Cr.P.C. It is further directed that if the petitioner surrenders and furnishes bail bonds the court below shall call for the records of complaint case no. 149 of 2002 - 2 - said to have been disposed of by SDJM, Dalsingsarai. Only in the event that the contention of the petitioner found to be correct in that regard, the bail bonds furnished by the petitioner shall be accepted. However, if the records found to be contrary the present application shall be deemed to have been rejected. Rahman/ (ShaileshKumar Sinha, J)