IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25175 of 2008 NITISH KUMAR @ NITISH PASWAN Versus STATE OF BIHAR ----------- 3. 02.12.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a complaint case under Sections 376 and 323 of the Penal Code. The submission is of false implication. When the complainant represented the petitioner as a stranger intruding into her house in the night but in reply to the court question during enquiry acknowledged that he was her own brother-in- law and that there was litigation between them. There is no medical report. The complainant has then filed an application before the court below on 9.10.2006 followed by another petition on 28.11.2006 that she does not wish to proceed with the complaint any more. Having considered the facts and circumstances of the case, let the petitioner, above named, surrender in the court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SDJM Hilsa in Complaint Case No. 434 C of 2006. Should the petitioner not cooperate with the trial the court below shall be at liberty to deal with him appropriately in accordance with law. This shall be equally applicable to the complainant when the court below shall proceed against her appropriately if she seeks to delay the trial. If the prosecution fails because of the complainant not supporting the allegations the court below is directed to proceed in light of judgement of the Supreme Court reported in 2008 (8) SCC 34 against those concerned. Snkumar/- (Navin Sinha,J.)