IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38665 of 2009 1. MD. AKHTAR & ORS 2. MD. SHAKOOR MIAN 3. MD. ASHAJAD @ ASHAHAR 4. MD. ANWAR HUSSAIN 5. MD. ATAHAR Versus THE STATE OF BIHAR . ----------- 2/ 01/12/2009 Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the informant who has appeared suo motu. In a police case under Section-323, 379, 147, 341 and 337 of I.P.C. and 3(i)(X) of S.C./S.T. (Prevention of Atrocities) Act petitioner No.1 being the husband of the Mukhiya when the submission is that petitioner No.3 is a minor boy aged about eight years, which the learned counsel for the informant is not in a position to either admit or contradict, let the petitioners above named surrender before the court below within four weeks. On the date that the petitioners are physically present, if the court below is satisfied from the visual appearance of petitioner No.3 that he was a minor boy, as notived above, it shall proceed to enlarge the petitioners on anticipatory bail upon furnishing the bail-bonds of Rs.20,000/- (twenty thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Arer P.S. Case No103/09, subject to 2 the conditions laid down under Section-438(2) Cr.P.C. Should the petitioner No.3 turn out to be a major on the visual assessment of the court, all the petitioners shall be taken into custody when their prayer for anticipatory bail shall be deemed to have been rejected and in which event any prayer for regular bail on their behalf shall be considered on its merits, without being prejudiced by the present order. KC ( Navin Sinha, J.)