IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.558 of 2009 1. MD.MANTU 2. MD. WAHID 3. KADBANU Versus STATE OF BIHAR For the petitioner : Md. Obaidullah, Advocate For the State : Mr. Nand Kishore Prasad, APP ----------- 4 18.04.2009 Heard both sides. The petitioners seek anticipatory bail in a case instituted under diverse sections of the Indian Penal Code including 376 of I.P.C. It has been fairly submitted before this Court that although, in the F.I.R., there is an allegation that the petitioner no. 1 with the assistance of his father (petitioner no. 2) and Bhabhi (Petitioner no. 3) made an attempt to commit rape on the victim but the police upon conclusion of investigation have formed a view that the allegations are totally false. Learned counsel for the State, looking to the case diary submits that the investigation report does indicate that the petitioners have not been sent up by the police. Having regard to the said fact, this Court finds that for the present, there is no reasonable apprehension on the part of the petitioners of being arrested at the hands of the police. In that view of the matter, learned counsel for the petitioners seeks permission to withdraw this application at this stage. The application is, accordingly, disposed of. pkj ( Kishore K. Mandal, J. )