IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 18060 of 2009 Dhanik Giri, son of late Tannuk Giri, resident of Village - Kodariya, P S - Bibhutipur, Dist - Samastipur - Petitioner Versus State of Bihar - Opposite Party ----------- 2 27.05.2009 The petitioner apprehends arrest in Bibhutipur Police Station Case No 24 of 2009 instituted under Sections 323, 354 and other sections of Indian Penal Code in which later on Sections 376/511 of Indian Penal Code have been added. On perusal of the order passed by the learned Sessions Judge, this Court is indeed surprised either the learned Sessions Judge lacks the legal acumen or avoids to perform his judicial duty. While rejecting the anticipatory bail application, he notices in the order that the persons, with graver allegations, have already been granted anticipatory bail and the petitioner’s case is on a lesser footing. Further, he notices that there is no allegation so far as Section 376 of Indian Penal Code is concerned as against the petitioner yet he directs the petitioner to surrender and pray for regular bail rejecting his anticipatory bail application. For the reasons given by the learned Sessions Judge himself, this application is only to be allowed. If the petitioner abovenamed surrenders before the Court below within four weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two 2 sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, District - Samastipur in Bibhutipur Police Station Case No 24 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)