IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38156 of 2009 MD. SALIM . Versus STATE OF BIHAR . ----------- 2 27.11.2009 Heard both sides. Petitioner seeks anticipatory bail in a case instituted under Section 376 of Indian Penal Code The complainant, who claims to be relative of the present petitioner and a married woman having three sons and one daughter, lodged a complaint case on 3.5.2006 in relation to an occurrence allegedly committed on 30.4.2006. The said complaint was referred to police station for institution of case. The case was instituted and investigation was carried on. By Annexure-3, the police on conclusion of investigation, found the case false. While not sending the petitioner up for trial, it was recommended therein that appropriate steps in terms of Sections 182/211 IPC be commenced against the complainant/informant. It appears that subsequently a protest petition was filed whereon the learned Magistrate after holding inquiry took cognizance under order dated 4.8.2009. Hence the apprehension and the present application seeking anticipatory bail. Learned counsel submits that in course of inquiry made on the strength of the protest petition, no one except the complainant has supported the prosecution. It is next contended that there is admittedly no medical report in respect of the 2 complainant. In this peculiar facts and circumstances of the case, learned counsel for the petitioner submits that the petitioner deserves protection of the court. Learned counsel for the State opposed the prayer and submitted that at least complainant/informant has supported the case. Be that as it may, this court is persuaded to extend the privilege of anticipatory bail to the petitioner. In the event of arrest or surrender in the court below within a period of four weeks, let petitioner above named 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 Magistrate, Katihar in connection with C.A. case no. 2245 of 2006. This order is further subject to the condition that no sooner the charges are framed, the petitioner shall appear on the dates fixed in trial. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )