IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7869 of 2010 ASHOK KUMAR SINHA son of late Narsinha Narayan Sinha, resident of vill.-Berbata, P.S.-Sarai Ranjan, Distt. Samastipur at present posted as Sub-Divisional Police Officer, Siwan ---------------------------- -----------------------------------------------------------------Petitioner. Versus THE STATE OF BIHAR -------------- 2. 8.4.2010 Heard learned counsel for the petitioner, informant and the State. Much foul is found on the part of the complainant who is said an accomplice of one Sagar Yadav who was arrested and sent to jail in a motor- cycle theft case which also could be disclosed by complainant’s father. One of her witnesses Mohan Mishra is said about her presence in Varandah at 9- 30 p.m. while, according to her, she was taken to police station at 5-30 p.m. and released only at 12 in the midnight. Her attempt to justify her complaint before this Court casts much doubt on her conduct if was not to favour Sagar Yadav but in any case refusal of anticipatory bail is not justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa, in connection with Complaint Case no.1077 of 2007 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )