IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33968 of 2011 Ashutosh Kumar Versus The State Of Bihar 2. 12.10.2011. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in complaint case in which cognizance has been taken under Section 377 of the Indian Penal Code. It is alleged against the petitioner that he attempted to establish physical relationship on 16.07.2007 with the complainant for which complaint was filed on 29.07.2007 when cognizance has been taken in the matter on 24.02.2009. It is submitted by learned counsel for the petitioner that since petitioner has made complaint against local Mukhiya for committing forgery in appointment of Panchayat teacher hence, the local Mukhiya set up the complainant to lodge the present case against the petitioner for which writ application was also filed earlier by the petitioner before this court. From perusal of complaint, it appears that no medical examination was done. 2 Moreover, delayed lodging of the complaint clouds bonafide of accusation, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 1496 of 2007 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Class, Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)