IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6217 of 2010 NARESH YADAV Versus THE STATE OF BIHAR ----------- 2 09.04.2010. Heard learned counsel for the parties. Petitioner apprehends his arrest in a case registered for offence under sections 376/34 of the Penal Code on the allegation that he committed rape on her with the help of his aide. The petitioner submits that police after investigation submitted final form in his favour and recommended for proceeding under section 211, 182 Cr.P.C. against the prosecutorix. However, the case proceeded on protest as complaint case bearing C.R.No. 1606/2007, which too was dismissed after enquiry under section 202 Cr.P.C. vide order dated 17.7.2008. He further submits that the complainant filed Cr. Rev. No. 371/2008 in which learned Sessions judge, Darbhanga remitted back the matter to the Magistrate for further enquiry vide order dated 12.1.2009 pursuant to which cognizance order has been passed. Petitioner submits that earlier also complainant of the instant case had filed a false case u/s 379 I.P.C. against him and his wife. In the facts of the case, let the petitioner as above be released on bail in the event of surrender within six weeks on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist class, Darbhanga in Hayaghat Police Station case no. 03 of 2006, CR no. 1606 of 2007. Shashi. (Samarendra Pratap Singh,J.)