IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5717 of 2010 MAHINDRA SAHNI & ORS . Versus STATE OF BIHAR ----------- 2 6.4.2010 Heard counsel for the petitioners and the State. The petitioners apprehend their arrest in a case under sections 341, 504, 323, 313, 315, 316 and 379 of the Penal Code. It is alleged by the complainant that on account of assault by the accused persons she suffered miscarriage and injuries. The petitioners submit that the alleged date of occurrence is 20.6.2009 whereas the instant complaint has been lodged on 9.9.2009 after a period of three months. Learned counsel for the petitioners submit that the complainant in order to falsely implicate the accused persons did not treated herself in Government hospital rather she was treated in Private Nursing Home, namely Vishnu Seva Sadan at Samastipur. Further, the falsity of the case would appear from perusal of the prescription which is dated 18.9.2009 whereas the date of Ultrasound report is 8.9.2009 and the date of image of Ultrasound is 9.9.2008. At this stage, it is difficult to believe that the allegation leveled by the complainant is false merely because she was treated at private Nursing Home and the complaint has been lodged after three months of the occurrence. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners namely 2 KHAN Mahindra Sahni, Sanjuria Devi and Upendra Sahni. Their prayer for bail is rejected. However, if the petitioners surrender and pray for regular bail, the same would be considered on its own merits without being prejudice by the fact that they moved this court for anticipatory bail. (S.P.Singh,J)