IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45301 of 2010 1. RAJDEO PAL @ RAJ KUMAR PAL @ DEVRAJ KUMAR PAL, S/O- SHYAM DEO PAL. 2. RANJEET KUMAR PAL @ RANJEET PAL, S/O- DURGANAND CHOUDHARY Versus THE STATE OF BIHAR ----------- 3 24.05.2011 Heard both sides. Petitioners seek anticipatory bail in a case instituted under Sections 376/34 of the Indian Penal Code. Learned counsel for the petitioners submits that going by the allegations contained in the F.I.R. as well as the statement of victim made under Section 164 Cr.P.C., petitioner No. 2 is not the accused who is said to have committed rape on the victim. It appears from the F.I.R., the statement of the girl recorded under Section 164 Cr.P.C. and the impugned order that allegation of commission of rape on the victim is attributed to petitioner No. 1 and another co-accused namely Prakash Pal. In the facts and circumstances of the case, the prayer for anticipatory bail made on behalf of the petitioner No. 1 is rejected. In the event of arrest or surrender within four weeks in the Court below, petitioner No. 2 abovenamed is directed to 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 learned Chief Judicial Magistrate, 2 Araria in connection with Forbesganj P.S. Case No. 69 of 2010 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailors shall be own close family member of the petitioner. pkj ( Kishore K. Mandal, J)