IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22728 of 2008 MD.ILIYAS Versus STATE OF BIHAR ----------- 3/ 16.07.2008 Heard the counsel for the petitioner and the State. The allegation against the petitioner is that he committed rape on the complainant in the night when she was sleeping along with her children. Her son woke up and the petitioner started fleeing away and seen by the neighbours. Counsel for the petitioner submits that a false case has been instituted on account of the previous enmity and also because in respect of kidnapping of his minor daughter, petitioner had filed complaint case No. 396/02, in which father of the complainant was an accused. The Sessions trial has started and date was fixed for evidence and in order to put pressure not to lead evidence this case has been instituted. Considering these facts, prayer for anticipatory bail on behalf of petitioner Md. Iliyas is allowed. In the event of his arrest or surrender within four weeks from today 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 to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Complaint case No. 1483 of 2006, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. DKS/ (Mridula Mishra,J)