IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42541 of 2009 ANIL KUMAR MAHTO @ ANIL MAHTO SON OF BASUDEO MAHTO RESIDENT OF VILLAGE DILDARPUR,BIND TOLA,P.S.NATH NAGAR,DISTT.BHAGALPUR Versus STATE OF BIHAR For the petitioner : Mr.Subodh Prasad For the State : Mr.Addl.P.P. ----------- 2/ 11.2.2010 Heard learned counsel for the petitioner, learned Addl.P.P. and learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in a case which has been registered for offences under Sections 376,313 and 120B of the Indian Penal Code. The informant has given her fardbeyan that one Fudan Mahto, brother of the petitioner, has raped her. He repeated the same act due to which she became pregnant. When she made complaint to the petitioner, he chided and told to go to police station. He also told that he would arrange medicine from Bhagalpur so that pregnancy may be aborted. Fudan Mahto ultimately gave medicine and after taking it her pregnancy aborted. Submission is that the petitioner has not established any physical activity with the informant. It is Fudan Mahto with whom informant had some intimate relationship. Allegation against the petitioner is only to the extent what is expected from a guardian. While opposing the prayer for anticipatory bail of the petitioner, learned counsel appearing for the informant has submitted that the petitioner was also in connivance with the others. Considering the facts and circumstances of the case, in the event of arrest/surrender within twenty days from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Chief Judicial Magistrate, Bhagalpur in Nath Nagar P.S.Case No. 157 of 2009 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J. )