IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34096 of 2009 BALKRISHNA RAJ CHOUDHARY @ BALKRISHNA RAJAK, son of Nand Lal Rajak, resident of Mohalla Fulkaha Bazar, P.S. Filkaha (Narpatganj), Distt. Araria. ----Petitioner Versus STATE OF BIHAR ----------- 2. 30.11.2009 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Forbesganj P.S. Case No.247/00 for the alleged offences registered under section 376 of the Indian Penal Code. It is submitted that the petitioner had earlier approached this Court for grant of anticipatory bail, which was rejected by order dated 27.7.2001, as contained in Annexure 1. Learned counsel submits that after such long time, no final form has been submitted besides, the complainant was not even medically examined. It is further submitted that the petitioner has been falsely implicated in this case at the instance of Nandoshi of the complainant, namely, Mahadeo Pandey in whose house the petitioner is a tenant and there is serious dispute for eviction. The National Commission for Scheduled Caste on making independent inquiry did not find the petitioner guilty of the alleged offence. Learned counsel appearing for the State submits that there is specific allegation against the petitioner. However, he is not in a position to refute that till date no final report has been submitted. Considering the facts and circumstances of the case, 2 let the petitioner above named, in the event of his arrest or surrender in connection with Forbesganj P.S. Case No.247/00 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)