IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5298 of 2011 SURENDRA RAI SON OF LATE HARI NANDAN RAI. Versus THE STATE OF BIHAR ----------- 2 29.03.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Section 376 of the Indian Penal Code. It is alleged against the petitioner to have established forceful relationship with the complainant on 16.09.2009. It appears that the process was suspended and the Magistrate directed for medical examination of the complainant. The doctor found no external or internal injury or any sign of rape. Subsequently, the cognizance was taken under Section 504 of the I.P.C. The order of cognizance was challenged before the revisional court and on direction of the revisional court the cognizance was taken under Section 376 of the I.P.C. It appears that the Magistrate suspended the 2 process and directed the medical examination of the victim and when the medical examination did not suggest the accusation, levelled by the complainant, the Magistrate rightly took the cognizance under Section 504 of the I.P.C. It is well settled principle that the Magistrate suspends the process when he is not convinced about the prima facie case, but, once the process is suspended, the Magistrate cannot ignore the enquiry report. It is submitted by learned Sr. counsel for the petitioner that the petitioner is fighting criminal litigation with the cousin brother at whose behest, the present malicious case has been filed. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sheohar at Sitamarhi in connection with 3 Complaint Case No. C1-229/2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)