IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45967 of 2008 HUSAN ARA wife of Shakil Master, resident of village-Julaha Toli, Ramnagar, P.S.-Ramnagar, Dist.-West Champaran. Versus THE STATE OF BIHAR ----------- 2. 27.1.2009 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case which has been registered under sections 376, 493 and 313/34 of the Indian Penal Code. The petitioner is one of the named accused. On 30th November 2007 a written application was given to the officer incharge, by Aarzo Begum. She alleged that she was having physical relationship with Nayeem Master and when she became pregnant then she was brought to the hospital by the petitioner and others and her pregnancy was terminated. Submission is that the alleged victim of the offence, the informant, has been examined under section 164 Cr.P.C. on 6th December, 2007. She in her statement has stated that abortion was on 30th December, 2005 whereas the case has been lodged on 30th November, 2007 i.e. exactly after two years. There is no explanation of such delay. Further submission is that according to the allegation also the petitioner has merely assisted in getting the informant’s pregnancy terminated by the qualified doctor. Considering the facts and circumstances of the case prayer for grant of anticipatory bail is allowed. The above named petitioner is directed to surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order and - 2 - in that event she shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S.Casse No.394 of 2007 subject to the conditions as laid down under section 438(2) Cr.P.C. . Md.S. (Shyam Kishore Sharma,J.)