IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1633 of 2011 1. SUNIL YADAV, son of late Lakhan Yadav 2. Ajay Yadav, son of late Lakhan Yadav …………Petitioners Versus THE STATE OF BIHAR ----------- 3/- 28.02.2011 Heard the learned counsel for petitioners and the State. Petitioners are apprehending their arrest in connection with Complaint Case No. 717C of 2010 in which cognizance has been taken under Section 147, 323, 504, 376 I.P.C. It is alleged against the petitioners to have assaulted the complaint and force her to take drain water and ultimately Sunil Yadav is alleged to have forcibly established physical relationship with the complainant It is submitted by learned counsel for the petitioners that the occurrence is of 19.05.2010 but the complaint was lodged on 22.05.2010. Petitioners’ side lodged case against the complainant much prior to the present occurrence and now the complainant had retracted from her initial version and has filed a petition to that effect. So far as the petitioner no.1, namely, Sunil Yadav is concerned, he is alleged to have established physical relationship with the complainant, I am not inclined to grant him anticipatory bail, let the learned court below consider the regular bail of petitioner no.1, in view of the aforesaid submission of the 2 petitioner preferably on the same day, if petitioner no. 1 surrenders within a period of four weeks. So far as the petitioner no.2, namely, Ajay Yadav is concerned, since there is no allegation against him of establishing physical relationship with the complainant, let he in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui Complaint Case No. 717C of 2010. Ashwini/- (Dinesh Kumar Singh, J. )