IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4064 of 2010 1. ZAFAR REHMAN @ ZAFAR EKBAL 2. Shakir Rehman @ Shakir Ali Both sons of Shomimur Rehman, Versus THE STATE OF BIHAR ----------- 3/ 23.04.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 376, 493/34 of the Indian Penal Code. The informant Anjum Praveen Rubi stated that these petitioners happened to be her cousin and stayed near to her house. The parents of the petitioners assured the marriage of the informant and her sister with their cousins Jafar Rahman and Sakir Rahman, who are petitioners in this case. The informant alleged that in the year, 2005, petitioner no.1 forcibly raped her and when she opposed, he stated that he would marry her. Similarly, the other petitioner also has intercourse with her younger sister Afsana Praveen (Juhi) on the plea of marriage. The accused persons and their parents assured that they will perform the marriage. Recently the informant learnt that petitioner no.1 has married another woman. She further alleged that the marriage of other petitioner is also fixed on 26.09.2009. Learned counsel has prayed for anticipatory bail on the ground that the medical report of the girls do not show any sign of rape. Learned counsel submits that nothing prevented the informant from filing the case earlier. Counsel for the State submits that on assurance of the accused persons on the plea of marrying the informant and her sister, - 2 - they had made sexual relationship with them. Having heard the counsel for the parties, this Court finds that the ground for delay in filing the case and the medical report would be relevant grounds for regular bail. In these circumstances, I am not inclined to grant anticipatory bail to the petitioners. Their prayer for anticipatory bail is rejected. However, if petitioners surrender before the court below (Chief Judicial Magistrate, Ara in connection with Sahar P.S. case no. 65 of 2009) within six weeks from today and seek for regular bail, the same would be disposed of preferably on the same day without being prejudiced by this order also taking into consideration that the case has been filed after a long delay. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)