IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41830 of 2009 PIYARA BABU @ PIYAR MD, son of Alimuddin, resident of village-Teonsa Bali Chukka, Police Station-Kishanganj, District-Kishanganj. …….Petitioner Versus The State Of Bihar …….Opposite Party ----------- 03. 31.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1324 of 2008 in which cognizance has been taken under Section 376 and 511 of the Indian Penal Code. The allegation in the First Information Report is that the petitioner has tried to outrage the modesty of the complainant and tried to commit rape in which altogether 9 persons have been made accused including the family members of the petitioner. It is submitted by learned counsel for the petitioner that the present complaint has been lodged for the occurrence of 10.06.2007 on 11.11.2008 and mechanically cognizance has been taken. The contention of the learned counsel for the petitioner is that the complainant is in habit of lodging frivolous cases in order to pressurize the petitioner for marrying her. He has further submitted that for the similar allegation on 20.06.2007 another complaint being Complaint Case No. 888 of 2007 2 has been filed on 22.06.2007 but subsequently on 05.08.2008 the complainant filed an affidavit for withdrawing the case. My attention has also been drawn towards the order dated 05.08.2008 in which the S.D.J.M., Kishanganj in Complaint Case No. 1490 of 2007 has dismissed the case under Section 203 of the Cr. P.C. which is contained in Annexure-2 and 2/A of the petition. In view of the aforesaid facts that the complaint has been lodged after more than a year of the alleged occurrence and the complainant is in habit of lodging frivolous cases, I direct the petitioner to be released on Anticipatory bail, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Complaint Case No. 1324 of 2008 subject to the conditions laid down under Section 438(2) Cr. P.C. Shageer (Dinesh Kumar Singh, J)