IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24495 of 2010 AMARNATH PRASAD @ AMAR Versus STATE OF BIHAR 3 19.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Originally the informant filed Complaint case which was converted into Sare P.S. Case No. 28 of 2010. The allegation against the petitioner is that he attempted to commit rape upon the informant’s daughter and when the informant’s son came to rescue her, he was assaulted by the petitioner. The contention of Learned counsel for the petitioner is that, at best, it is a case of section 354 of the Indian Penal Code which is bailable in nature and so far as allegation of theft is concerned, the same appears to be super addition. His further contention is that he is a member of PACKS committee and one Ramchandra Prasad is the chairman of above-said PACK committee and on account of some rivalry, the aforesaid Ramchandra Prasad set up the informant and got instituted this false case against the petitioner. Regard being had to the facts and circumstances of the case as well as submission of the parties, the prayer for anticipatory bail of the petitioner, Amar Nath Prasad @ Amar is rejected. However the petitioner is directed to surrender before - 2 - the court below (Chief Judicial Magistrate, Nalanda at Bihar Sharif) within 30 days from the receipt of the order to the concerned court and if the petitioner so surrenders before the learned court below, his prayer for regular bail shall be considered by the learned court below on its own merit without being prejudiced by this rejection order, particularly keeping in mind the above said submission of the petitioner as well as this aspect of the matter that the instant case has been initiated on the basis of Complaint petition filed by the informant. AKV/ (Hemant Kumar Srivastava,J.)