IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17801 of 2010 SALAUDDIN CHURIHAR, SON OF LATE THAG CHURIHAR, RESIDENT OF VILLAGE-KHADDA, TOLA-CHURIHARWA, P.S. NAUTAN, DISTRICT- WEST CHAMPARAN. Versus STATE OF BIHAR ----------- 2 19.05.2010 Heard the learned counsel for the petitioner Salauddin Churihar who apprehends his arrest in connection with Nautan P.S. Case No. 50 of 2004 under section 376/511 & 120B of the IPC. According to the prosecution case, father of the alleged victim girl, filed the Complaint Case being Complaint Case No. 248C/02 alleging that on 15.04.2002, the petitioner attempted to rape the daughter of the complainant, in presence of the two co-accused, who are ladies. They have already been granted anticipatory bail by the sessions court. After investigation, the police finding no evidence submitted final form. Thereafter, notices were sent to the informant/complainant but he never turned up. It further appears that during investigation, neither daughter of the complainant was produced before the police nor after filing the final form, she was examined as witness in the court below. However, it appears that the learned court below has taken cognizance after three years of the submission of the charge sheet under the said section. 2 Considering the above facts and circumstances of the case, I direct the petitioner, named above to surrender in the court below within four weeks from today and on his so surrendering in the court below, he shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nautan P.S. Case No. 50/04 to the satisfaction of Chief Judicial Magistrate, Bettiah subject to the conditions as laid down u/S 438(2) of the Cr.P.C. akv/- (Mungeshwar Sahoo,J.)