IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20735 of 2011 Ram Raji Choudhary & Ors. Versus The State Of Bihar ----------- 02/- 19/07/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners being father and two sons are named accused in this complaint case, wherein apart from other cognizance was taken for the offence under Section 354 of the Indian Penal Code, but subsequently, after the same being set-aside by the Revisional Court, cognizance for the offence under Section 376 of the Indian Penal Code instead of Section 354 of the Indian Penal Code was taken. The allegation of committing sexual offence is against petitioner no. 1, Ram Raji Choudhary and subsequently, when he was being caught hold by the victim with aid of her husband who arrived on her cry, the two petitioners appeared there and rescued their father and during that course assaulted the complainant’s husband. Considering the facts and circumstances of the case, prayer for anticipatory bail of petitioner no. 1, namely, Ram Raji Choudhary, is hereby rejcted. But rest two petitioners, namely, Yashwant Choudhary and Hemant Choudhary, in the event of their arrest/surrender before the court below within four weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur, in connection with Complaint Case No. 126 of 2010, subject to condition laid down 2 under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)