IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47679 of 2008 1. MD.SHAKIR 2. Md. Nezam …………………….. Petitioners Versus STATE OF BIHAR ----------- 2. 12.12.2008 Heard the learned Counsel for the petitioners and the learned counsel for the State. The petitioners who are stated to be father-in-law and son-in-law in relationship apprehend arrest in a complaint case under Sections 376 of the Penal Code. The submission is of false implication in a land dispute when there is no medical report. Attention of the Court is invited to the following passage in the impugned order of rejection: “A private lawyer Sri Pritam Kumar appeared on behalf of the complainant and submitted that accused persons have committed rape with the complainant and witnesses have fully supported the case of the prosecution and an another private lawyer Sri Jainuddin Ahmad appeared on behalf of the complainant and submitted that originally he has filed a withdrawal petition with the consent of the complainant, but the learned CJM Araria took cognizance instead of drawing the case.” In the facts and circumstances of the case, let the petitioners, above named, surrender in the court below within a period of four weeks from today when they shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Araria in Complaint Case No. 385-C of 2001. The bailors of the petitioners must be co-villagers having landed property in the village to which the petitioners belong and the photograph and proof of residence of the bailors shall be appended to the bail bonds. The petitioners shall be duly represented in accordance with law on each date including their physical appearance on the dates that the court below so directs. The court below shall take all coercive measures if necessary to ensure participation and appearance of the complainant and other enquiry witnesses. Let the trial itself be concluded within a period of six months. If the allegations fail because of the complainant not supporting them the court below shall proceed appropriately against those concerned under the provisions of Chapter 11 of the Indian Penal Code as also Sections 250, 344 and other provisions of the Code of Criminal Procedure. Snkumar/- (Navin Sinha,J.)