IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35195 of 2008 SHAMSUL MIAN son of late Khodin Mian, resident of village Nawada Parsauni, P.S.Uchakagaon, Dist. Gopalganj--------------petitioner Versus STATE OF BIHAR--------------------opp. party ----------- 2. 11.11.2008 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a police case registered under Section 376 of the Penal Code. The submission is of false implication. It is submitted that the informant is habituated to filing such case against co-villagers. Earlier she lodged Uchkagaon P.S.case no. 118 of 2002 for attempted sexual assault. The parties are stated to be neighbours. The defence is of a dispute with regard to the use of the toilet. The petitioner is stated to be over 60 years of age when the victim is stated to be about 45 years of age. Accepting the submission in paragraph 6 of the pleadings that the informant did not subject herself to any medical examination, let the petitioner surrender in the court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with 2 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in Uchkagaon P.S.case no. 36/08 subject to the conditions laid down under Section 438(2) Cr.P.C. during the period of investigation till submission of chargesheet. (Navin Sinha,J.) spal/