IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19805 of 2010 1.MD.TANVEER son of Sk. Qurban 2.Md. Lal @ Lalwa son of Sk. Subhan, both resident of village Parasmani (Banmakhi), P.S. Banmankhi (Sarsi), Dist. Purnea ….petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioner: Mr. Vikramdeo Singh, Advocate For the State : Mr. Anil Kumar, A.P.P. -------- 2 23.6.2010 Heard the parties. Petitioners apprehend their arrest in a case instituted for offence under section 376 of the Indian Penal Code. The case was instituted in the year 2006 and in the complaint petition, giving rise to FIR vide Annexure-1, there is direct and specific allegation against the petitioners of committing the offence of rape upon the complainant/informant. By filing a supplementary affidavit today in the court, learned counsel for the petitioners has submitted that there was some matrimonial dispute between the informant and her husband Md. Wahid and some litigation was pending between them and for that reason the present informant was living in the company of petitioner no.1 and, therefore allegations are false. Be that as it may, in view of fact that there is specific allegation of committing rape against the petitioners and the case was filed in the year 2006, and the petitioners have remained - 2 - absconding for about four years, primarily on that ground alone the prayer for anticipatory bail of the petitioners is rejected. The petitioners must surrender in connection with K. Nagar (Sri Nagar) P.S. Case no. 239/2006 pending in the court of C.J.M, Purnea within a period of four weeks from today and seek regular bail, if so advised. They are at liberty to take all the pleas in the court below for the purpose of grant of regular bail , which are available to them. ( Birendra Prasad Verma, J. ) M.Rahman