IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37198 of 2009 YASIN Versus STATE OF BIHAR ----------- 02 20.11.2009 Heard both sides. The only submission made on behalf of the petitioner is that he is 82 years old and resident of a different place. It is, therefore, contended that it is a case of mistaken identity. It is next highlighted that there is some delay in lodging the F.I.R. Learned counsel for the State, on the other hand, opposed the prayer for anticipatory bail and submits that there is direct allegation against the petitioner as well of having committed rape on the prosecutrix. In the facts and circumstances of the case, this Court disposes of the present application in the following manner:- Let the petitioner, above named, surrender in the Court below within a period of four weeks from today and if the Court below is of the view that the petitioner is aged about 82 years, as stated before this Court, then the Court below shall enlarge the petitioner 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 CJM Araria in connection with Jokihat P.S. Case no. 92 of 2000 subject to the conditions as may be prescribed by the Court below. The application is, accordingly, disposed of. Let a copy of this order be communicated to the Court below at the cost of the petitioner. Sym/ (Kishore K. Mandal, J.)