IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25261 of 2011 Md. Mikammal Hussain @ Mokammal Hussain, Son of Md. Ibrahim. Resident of Village Chamaparha, P.S. Katihar (Mufassil), District Katihar. ---------- Petitioner Versus 1.The State of Bihar. 2.Musafra Khatoon, D/O Md. Abdul Haque. Resident of Village & P.O. Chamaparha Hajipur, P.S. Katihar (Mufassil), District Katihar. -------- Opposite Parties ----------- 02/- 23/08/2011 Heard Mr. Ataur Rahman learned counsel for the petitioner and Mr. Sanjay Kumar learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest, in connection with Katihar Mufassil P.S. Case No. 2 of 2010 for the offences punishable under Section 376 of the Indian Penal Code, is solitary named accused in this case, wherein, earlier petitioner was granted the privilege of anticipatory bail by learned Sessions Judge, vide his order dated 5th/6th February, 2010 passed in A.B.P. No. 67 of 2010, till submission of the charge-sheet with certain observations. The liberty was availed and now after conclusion, charge-sheet has been submitted. Submission is that there is no change of circumstances and materials at the time of final conclusion of the investigation rather materials are the same on which he was granted the privilege earlier. Further, submission is that on basis of the decisions reported in a case of “Mahendra Prasad Singh vs. The State of Bihar reported in 2004 (3) PLJR 491” and “Bishundeo Sahu vs. The State of Bihar & Ors. reported in 2011 (1) PLJR 731” that petitioner should be granted the privilege on considering all the 2 materials. Petitioner is required to surrender before the court below i.e. court of Chief Judicial Magistrate, Katihar, within fortnight and seek regular bail, where his prayer shall be considered on its own merit in consonance with the prevailing law. With the above observations, this application stands disposed of. As prayed for, let a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen/- ( Akhilesh Chandra, J.)