IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16486 of 2009 MD.SHAHID, son of late Akalu Husssain @ late Md, Haua, resident of village-Baigaina, P.O.-Baigaina, P.S.-Tedhagach, District- Kishanganj--------------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 18.5.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that neither the F.I.R. nor the statement of the victim girl examined in the trial has made any allegation against the petitioner, when co-accused Mohiuddin has been alleged for committing rape even preparing a document though in the same shown the petitioner as her husband who was present in the court. Mohiuddin faced the trial and acquitted and petitioner without any allegation is apprehending his arrest which can never be justified. Accordingly, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender within one month from today in Bahadurganj P.S. case no.1 of 1997, 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 C.J.M., Kishanganj , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )