IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26886 of 2009 1. SURESH THAKUR 2. BRAHAMDEO THAKUR Versus THE STATE OF BIHAR ----------- 2/ 29/10/2009 Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the informant who has appeared suo motu. Alleging false implication under Section- 376/34 of I.P.C. the submission is that petitioner No.1 is the elder brother-in-law of the complainant. Petitioner No.2 is a family member. There is a property dispute for which Partition Suit No.54/03 is pending. The allegations intentionally conceal the relationship by marriage between petitioner no.1 and the complainant. Learned counsel for the informant submits that petitioner No.1 has been convicted in another case under Section-307 of I.P.C. Only for the reason that petitioner No.1 has been convicted earlier this Court finds it difficult to grant him the privilege of anticipatory bail as otherwise the present order may have been different. Let the petitioner no.2 above named surrender before the court below when he shall be enlarged on anticipatory bail upon furnishing the bail- bonds of Rs.20,000/- (twenty thousand) along with two 2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Complaint Case No. 808 of 2008, subject to the conditions laid down under Section-438(2) Cr.P.C. The prayer for anticipatory bail of petitioner no.1 is rejected. Any application for regular bail on his behalf shall be considered by the court below on its own merits in light of the aforesaid discussion with regard to him, without being prejudiced by the present order of rejection. KC ( Navin Sinha, J.)