IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25923 of 2011 1. Mohan Choudhary, son of Munshi Choudhary, resident of Village- Pandey Bigha, Police Station- Narhat, District-Nawada. 2. Lallu Choudhary, son of Munshi Choudhary, resident of Village- Pandey Bigha, P.S. Narhat, District-Nawada……………..Petitioners. Versus The State Of Bihar………………………………..…..Opposite Party. 2. 10.08.2011. Heard learned counsels for the petitioners and the State. The petitioners have renewed their prayer for anticipatory bail in a case registered under Sections 363, 366(A), 376, 324, 307 and 120(B) of the Indian Penal Code on the ground that other similarly situated accused Chhotu Choudhary has been granted anticipatory bail vide Cr. Misc. No. 3540 of 2011 on 14.03.2011. On perusal of 164 Cr.P.C. statement, it appears that the thrust of accusation of establishing forceful physical relationship with the victim is against Bhola Chaudhary whereas the other accused Chhotu Choudhary and Sanjay Chaudhary assisted Bhola Chaudhary. Sanjay Chaudhary has already been granted anticipatory bail by this Court vide Cr. Misc. No. 25873 of 2010. This Court is not inclined to take 2 a different view since the petitioners’ anticipatory bail was rejected subsequent to grant of bail to the similarly situated accused persons. However, since similarly situated accused have been granted anticipatory bail, let the learned court below pass appropriate order for release of the petitioners on bail in connection with Sirdalla(Meskaur) P.S. Case No. 48 of 2010 pending in the court of the learned C.J.M., Nawada if the petitioners surrender within a period of four weeks of receipt of the order of this court. With the above observation, this application is disposed off. Let the order be faxed to the learned C.J.M., Nawada in connection with Sirdalla (Meskaur) P.S. Case No. 48 of 2010 at the cost of the petitioners. U. K. ( Dinesh Kumar Singh, J)