IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13798 of 2009 1. MANGANU SAH 2. RAM BABU SAH 3. RAM BRIKSHA SAH 4. HIRA LAL SAH ….. PETITIOENRS Versus 1. THE STATE OF BIHAR 2. MOSOMAT SURYA KALA ….. OPP. PARTIES ----------- 03 11.09.2009 Heard both sides. Petitioners seek bail in a case instituted under Section 376 of the Indian Penal Code. Submissions in support of anticipatory bail are that this case is by way of retaliation. Earlier daughter of petitioner no.4 was kidnapped and raped. It is contended that two of the witnesses, cited in the present case, are involved in the said case. Suresh Yadav is the accused in the said case, whereas the father of the Ranjay Yadav is accused. It is stated that Police on these facts concluded and found that the accusation are false. However, the court differed with the said report and took cognizance on the strength of solitary statement of the informant. Referring to Annexure-6, it is contended that the informant has filed an application in the court below absolving the petitioners of the allegations. The petitioners may have a good case for 2 bail but not for anticipatory bail. Let the petitioners surrender in the court below and apply for regular bail which shall be considered on its own merit with the reference of material available in the case diary. It is expected while disposing of their bail application, the court below shall pass order uninfluenced by the present order. With this observation the application is disposed of. P.K. (K.K. Mandal, J.)