IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34501 of 2009 LAKHAN BESHRA SON OF RAMJI BESHRA RESIDENT OF VILLOAGE – KAHTA, P.S. PRANPUR, DISTT. KATIHAR. ------- PETITIONER. Versus STATE OF BIHAR ----------- 2. 12/11/2009 Heard The petitioner is apprehending his arrest in a case under Sections 323, 376 and 511 of the Indian Penal Code. Learned Counsel for the petitioner submits that earlier on 29.10.2007 a Complaint was filed under Section 376 I.P.C. against the petitioner. Cognizance was taken under Section 354 and the petitioner was granted bail on 31.10.2007. The petitioner’s father had filed a case against the Complainant and her family members. The dispute arose between them for collecting wood for the purpose of cooking. The present case has been instituted under Section 376 I.P.C. It is submitted that even in the facts aforesaid it is not believable, because it is alleged that the petitioner entered the house of the informant at that time when the father, husband and sister etc. all were present in the house and as such it is submitted that it cannot be believabled that in the presence of the father, mother and sister the petitioner had the courage to enter the house and try to commit rape on the informant. Considering the background and the enmity between the parties and the facts relating to the actual 2 occurrence, the petitioner above named is directed to be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of six weeks 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, Katihar, in connection with Pranpur P.S. Case No. 57 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. S.Ali (Sheema Ali Khan, J.)