IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7710 of 2008 PREETI KUMARI & ANR Versus THE STATE OF BIHAR ----------- 2. 7.5.2008 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The two petitioners seek anticipatory bail in a case under Sections 420, 384, 342/34 of the Indian Penal Code and Sections 3 /4 of Bihar Lottery Prohibition Act and Section 4 of the Gambling Act. The allegation in the case lodged by the officer in-charge on the basis of his self statement on 10.8.07 is that gambling (guessing no. 1 ) was being managed in the house of one Sankar Jha. On raid being conducted three persons were found and it is stated that these persons disclosed the name of Ganga Gupta, the mother of the petitioner no. 1 ( and brother of petitioner no. 2) as well as her husband Jai Prakash Gupta and son Raja Gupta and daughter (petitioner no. 1). On the basis of the same, the petitioners have been named as accused persons in the F.I.R. Learned counsel for the petitioners submits that the father and mother of the petitioner no. 1 run a shoe shop and the officer in- charge of the Begusarai Police Station had earlier come to the shop and wanted to take shoe without any payment. The said fact was also reported by the mother of petitioner no. 1 to the Additional Director General of Police, Headquarter on which orders were given to look into the matter personally and take proper action on 1.6.06. It is submitted that in retaliation to the same the present false case on the - 2 - basis of false allegation has been filed against all the family members and relations of petitioner no. 1. Learned counsel also submits that this Court has already granted anticipatory bail by orders dated 1.1.07 and 9.10.07 to Jai Prakash Gupta, father of petitioner no. 1, Ravikant Gupta @ Raja Gupta and Ganga Gupta mother of petitioner no. 1 in Criminal Misc Nos. 44159/2007 and 46005/2007 respectively, and the case of these petitioners stands on better footing. On a consideration of the aforesaid facts and circumstances, it is directed that the petitioners (1) Preeti Kumari and (2) Rakesh Kumar @ Rajesh Kumar, in the event of their arrest/surrender in the Court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties each of the like amount each in connection with Begusarai Town P. S. Case No. 277/2007 to the satisfaction of Chief Judicial Magistrate, Begusarai subject to the other conditions laid down under Section 438(2) of the Code of Criminal Procedure. P. Kumar (Ramesh Kumar Datta, J.)