IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17846 of 2010 ARUN MAHALDAR Versus STATE OF BIHAR ----------- 02. 19.05.2010. Heard the learned counsel, Sri Bhola Prasad on behalf of the petitioner, Arun Mahaldar who apprehends is arrested in K. Nagar P.S. Case No.326 of 2009 under Section 452, 376/511 of I.P.C. It appears that the informant Bijendra Das alleged F.I.R. alleging that in the night of 15.11.2009, his Bhabhi, Shila Devi, was sleeping on Varamadah and at about 2.30 A.M., this petitioner admitted to commit rape of his Bhabhi. On hearing sound, when the informant came their, the accused fled away. The learned counsel for the petitioner submitted that subsequently, the parties have compromised because the parties are next door neighbour and the informant has already filed an application stating therein hat he had gone to the police station for alleging case regarding dispute relating to the landed properties and, therefore he had no knowledge about the allegation regarding 376/511 I.P.C. Application has been annexed as Annexure-1 to this Anticipatory Bail application. Admittedly, the alleged Bhabhi has not been examined being dumb. 2 Considering the above facts and circumstances of the case, I direct the petitioner to surrender before the Court below within 4 weeks from today and on his surrendering, he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount to the satisfaction of the Court below on conditions as laid down under Section 438 (2) till submission of the charge-sheet. Sanjeev/- (Mungeshwar Sahoo,J.)