IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7482 of 2008 RAHIMUDDIN & ANR Versus THE STATE OF BIHAR ----------- 2. 5.5.2008 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners pray for anticipatory bail in a case under Sections 147,323, 436 and 504 of the Indian Penal Code. The allegation is that accused nos. 1 and 2 as mentioned in the F.I.R. had set fire to the part of the house in question and these two petitioners along with four other persons were also present there. Learned counsel for the petitioners submits that the petitioner no. 1 is a minor boy aged about 10 years whereas petitioner no. 2 is 90 years old and a sick person at the time of occurrence, which fact has been admitted by the informant also during the course of investigation. It is submitted that for the said reason the police did not submit charge sheet against them but the learned Judicial Magistrate has taken cognizance against these two petitioners also. Learned counsel for the petitioners also submit that compromise has taken place between the informant and these petitioners and the informant also informed the police during the course of investigation regarding the said compromise and in view of the same also these petitioners ought to be released on bail. On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Rahimuddin, and (2) Md. - 2 - Islam, 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 of the like amount each in connection with Koshadhaman P.S. Case No. 66/2004 to the satisfaction of Sri U. Kumar, Judicial Magistrate, Ist Class, Kishanganj subject to the other conditions laid down under Section 438(2) of the Code of Criminal Procedure. P. Kumar (Ramesh Kumar Datta, J.)