Full Judgment
13. 01-2012 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 that on 01.06.2008 the petitioner and one Mansoor offered the tea with some intoxicant and thereafter both of them established forceful physical relationship with the complainant. It is submitted that for the occurrence of 01.06.2008 the complaint has been filed on 18.12.2008 and six months thereafter the protest petition was filed. It appears that the police during investigation found the accusation false and submitted final form, and on protest the cognizance has been taken, a certified copy of the same has been produced before this Court, let it be kept on record. Considering the delayed lodging of the complaint after six months of the occurrence and the fact that the accusation was 2 found false by the police, 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 twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with C.A. No. 3645 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Anjani /-