IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28017 of 2010 1. MD. ANIS 2. MD. SAMIULLAH 3. MD. SAJJAD 4. MD. EKRAMUL 5. MD. KAYUM ------------------------ PETITIONERS Versus STATE OF BIHAR ----------- 2 13.9.2010 Heard learned counsel for the petitioners and Mr. Md. Rashid Alam, learned counsel for the informant. I find misdeed of the informant serious than that of accused persons. She remained in sexual intercourse with petitioner no.2 only on pretext that she would be married which neither religion nor society nor statute permits, so that no licence is given to a lady to have such relation with any one. A lady cannot be defined as doll who can be played without application of mind. No doubt first act is said committed using force but that was allegedly not disclosed to any one as she was requested to have near relation with petitioner no.2. Her act is said misdeed due to involving all the family members. It was individual act of petitioner no.2 with her but all his family members are involved and are being persuaded to this Court by the 2 complainant/informant. Admittedly under pressure, petitioner no.2 married her even she is not satisfied. If on assurance of marriage sexual intercourse was committed, her marriage is performed that never can be taken for refusal of anticipatory bail even to petitioner no.2. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, West Muzaffarpur in Kathaiya P.S. Case No. 60/2008, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)