IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21994 of 2011 ====================================================== 1. Manoj Paswan son of Ganga Paswan 2. Shakila Devi, wife of Manoj Paswan, both residents of village- Kosak, P.S. Deep Nagar, District Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Manoj Kumar Upadhyay and Gajanan Arun, Advocates. For the Opposite Party/s : Mr. U. Kumar, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 366(A) and 376/34 of the Indian Penal Code. Learned counsel for the petitioners submits that even according to the prosecution case, allegation of rape is not against these petitioners, and only allegations against them are that they have aided and abetted the commission of crime in question. It is further claimed that subsequently co-accused Suraj @ Raju Paswan has solemnized marriage with the victim girl and in support of the aforesaid assertion, an affidavit, vide Annexure-2, has been brought on record. Learned Additional Public Prosecutor, appearing for the State, has opposed the prayer for anticipatory bail. It is submitted that both the petitioners are specifically named in the F.I.R. as the accused and they have played active role in committing the crime Patna High Court Cr.Misc. No.21994 of 2011 (3) dt.15-10-2011 2 / 2 2 in question. It is further highlighted that the victim is a minor girl and she has not admitted about the alleged marriage with co- accused Raju Paswan. It is also highlighted that in her statement the victim girl has supported the entire prosecution case as disclosed in the F.I.R. In the aforesaid facts and circumstances of the case, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is, accordingly, rejected. The petitioners must surrender in the court below within a period of four weeks from today in connection with Deep Nagar P.S. Case No. 42 of 2011, pending in the court of learned C.J.M., Nalanda at Bihar Sharif and, if so advised, seek regular bail, which shall be considered on its own merit, without being prejudiced by the present order. BTiwary/- (Birendra Prasad Verma, J)