IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38223 of 2008 1. BIRENDRA PAL 2. SANJAY PAL Both sons of Odi Paul @ Udit Pal, resident of Village Belavari Patti, P.S. Thakaraha, Distt. West Champaran ------ Petitioners Versus STATE OF BIHAR ----------- 2. 2.12.2008 At the outset, it is submitted that during the pendency of this application, petitioner no.2 Sanjay Pal has been arrested and as such this application as against him has become infructuous. This application as against petitioner no.2 is, thus, dismissed as infructuous. Heard the learned counsel for the petitioner no.1 and the State. The petitioner no.1 Birendra Pal is apprehending his arrest in connection with Thakaraha P.S. Case No.33 of 2007 for the offences under sections 323, 316 and 379/34 of the Indian Penal Code. It is submitted that although the allegation has been made of severe assault and also miscarriage of pregnancy of six months of the informant, but true fact is that the informant was on inimical terms and the 2 miscarriage was not on account of her alleged assault. The learned APP appearing for the State opposes the prayer for bail and submits that the allegations are serious in nature. Considering the facts and circumstances of the case and the submissions of the parties, I am not inclined to grant anticipatory bail to petitioner no.1 Birendra Pal. The application, as against him, is accordingly, dismissed. However, on surrender in case an application for regular bail is filed on behalf of petitioner no.1 Birendra Pal in the court below, the same would be considered on its own merits in accordance with law without being prejudiced by the present order. PNM (Shailesh Kumar Sinha, J.)