IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3707 of 2009 UPENDRA KUMAR SRIVASTAVA Versus THE STATE OF BIHAR ----------- 2 8.5.2009 Heard learned counsel for the petitioner and learned APP for the State. Though there is allegation made against the petitioner of having committed rape on the complainant as alleged in the Complaint Case No. 1022 of 2008 but in absence of any medical report or evidence or cogent explanation as to why the police has not been approached on the issue, the Court is inclined to enlarge the petitioner on anticipatory bail. Let the petitioner, namely, Upendra Kumar Srivastava in the event of arrest or surrender before the court below concerned within four weeks, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Sri Ashok Raj, Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Complaint Case No. 1022 of 2008 corresponding to Trial No. 2439 of 2008, subject to the condition as laid down under section 438(2) of the Cr.P.C. One of the sureties will be executed by the wife of the petitioner on due identification by the court below. It is further recorded that if the petitioner in any manner tries to threaten the complainant or induce her in any manner it will be open to the complainant to bring the same to the notice of the court below for cancellation of bail of the petitioner. RPS (Ajay Kumar Tripathi,J.)