IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37043 of 2008 1. FOOL MOHAMAD son of Md. Mustakim 2. CHANDA DEVI wife of Subhash Prasad resident of village- Rewtit, P.S.- Baikunthpur District- Gopalgranj Versus STATE OF BIHAR ----------- 3 02.12.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section 366A of the Indian Penal Code. It has been submitted on behalf of the petitioners that the present first information report has been lodged for ulterior purposes since the victim girl was having some affair with the co-accused Sahabuddin, and therefore, these petitioners have been implicated in this case without valid justification. It is further submitted that the victim girl was not a minor, which would be appearing for the Medical Report. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that allegations have been made against both the petitioners in connection with the alleged crime and during investigation materials have come against them. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within - 2 - a period of four weeks from today, the petitioner no.2, namely, Chanda Devi, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Baikunthpur P.S. Case No. 82 of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. So far as the petitioner no.1 namely, Fool Mohamad is concerned, considering the nature of allegations levelled against him in the first information report as also the submissions, as noticed above, I am not inclined to grant him the privilege of anticipatory bail. His prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)