Patna High Court Cr.Misc. No.31846 of 2011 (2) dt.19-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31846 of 2011 ====================================================== Md. Ghulam Rasool @ Md. Rasool, S/O Md. Yusuf, R/O Vill.- Vishwnathpur, Fardaha, P.S.- Bahera, Distt.- Darbhanga. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== 2 19-09-2011 Heard learned counsel for petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 376 and 511 of the Indian Penal Code. It is stated that for an alleged occurrence which took place on 04.03.2010 initially a complaint was filed on 05.03.2010. The said complaint case was referred to the police for institution of F.I.R. and investigation. The police on conclusion of investigation submitted final report holding the case to be false. The informant in the mean time had also filed a protest-cum-complaint petition. The learned Magistrate after hearing the informant differed with the police report and took cognizance of the offence. It is also submitted that the present case is false and has been lodged with an oblique motive as there was a long standing dispute between the parties. Earlier a proceeding under Section 107 of the Cr.P.C. was drawn against Patna High Court Cr.Misc. No.31846 of 2011 (2) dt.19-09-2011 the parties due to apprehension of breach of peace. The petitioner has also instituted a complaint being Complaint Case No. 161 of 2010, which was instituted prior to the present case in which the informant, her husband and other family members were made accused. Taking into consideration the aforesaid submissions, let the petitioner, namely, Md. Ghulam Rasool @ Md. Rasool in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipur, Distt- Darbhanga, in connection with C.R. No. 203 of 2010/ T.R. No. 400 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Bhardwaj/- (Ashwani Kumar Singh, J)