IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28931 of 2009 1. PRAMOD NARAYAN CHOUDHARY SON OF LATE KHYALI CHOUDHARY. 2. NITYA NAND CHOUDHARY, S/O PRAMODNARAYAN CHOUDHARY. BOTH RESIDENTS OF VILLAGE SAMASPUR, P.S. MAHESHKHUNT, DISTT.KHAGARIA. ------PETITIONERS. Versus THE STATE OF BIHAR ----------- 2. 30/10/2009 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 376, 511, 323 and 498A of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are the father-in-law and brother-in-law of the victim lady who became a widow in the year 1980. In the year 2008 the petitioner No. 2 filed a suit for partition and also a suit against some persons who had encroached the land belonging to the petitioners. Learned counsel for the petitioners submits that the prima facie the case appears to be incorrect inasmuch as when the informant was a young lady, no attempt was made by petitioner No. 2 to take undue advantage of her and now when the petitioner No. 2 is nearly 64 years of age and the informant likewise also about 57 years of age, she has alleged that he is trying to sexually take undue advantage of her. It is submitted that there is a case under Sections 144 2 and 147 of the Indian Penal Code pending between the parties. Be that as it may, the petitioners above named are directed to be released on anticipatory bail in the event of arrest or surrender before the court below on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Maheshkhut P.S. Case No. 80 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. S.Ali (Sheema Ali Khan, J.)