IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8149 of 2010 1. Ashvind Sharma @ Arvind Sharma, S/o Ram Nandan Sharma. 2. Sumitra Devi, W/o Ram Nandan Sharma. 3. Pratima Devi, W/o Arvind Sharma. 4. Rina Devi, W/o Arvind Sharma. All resident of Village- Salempur (Rapaspur) P.S. Alipur, District- Gaya. ………………………………Petitioners. Versus The State of Bihar ……………………………Opposite Party. ----------- 2. 16. 04. 2010. A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard Mr. Shivendra Prasad, learned counsel appearing on behalf of the petitioners and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Alipur P.S. Case No. 29/2008 dated 09. 12. 2008, registered under Sections 448, 341, 323, 354, 307 and 324/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that because of certain family dispute between the informant and her husband at one side and accused persons including the petitioners at other side, the present case has been lodged with false and baseless allegation against these petitioners. It is submitted that so far Petitioner Nos. 2 to 4 are concerned, they are alleged to have simply assisted in committing the crime in question and main allegation of assault is only against Petitioner No. 1 and his father co-accused Ram Nandan Sharma, who has been granted regular bail. 2 Learned counsel for the State has opposed the prayer for grant of anticipatory bail and has pointed out that all the accused persons are specifically named in the F.I.R. as accused. Be that as it may, in view of serious nature of allegation against Petitioner No. 1,namely, Ashvind Sharma @ Arvind Sharma, his prayer for grant of anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and if so advised, seek regular bail. In case Petitioner No. 1 surrenders in the court below and is taken into judicial custody, only then within the same time of four weeks, Petitioner Nos. 2 to 4, namely, Sumitra Devi, Pratima Devi and Rina Devi, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Alipur P.S. Case No. 29/08, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. However, it is made clear that unless and until the court below is satisfied about surrender of Petitioner No. 1 in the present case, bail bond of Petitioner Nos. 2 to 4 shall not be accepted. m.p. ( Birendra Prasad Verma, J.)