IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38255 of 2008 1. HARI SHANKAR SINGH 2. KUSHESHWAR SINGH Versus STATE OF BIHAR ----------- 2. 19.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 376 of the Penal Code and Section 3 (i)(x) of the SC/ST (Prevention of Atrocities) Act. Referring to the deposition of the victim during trial of co-accused with common allegations, alleging false implication, in her examination–in-chief she denies having been sexually assaulted when in cross-examination she states that she was ravished. The co-accused who have been put on trial and against whom the allegations are specific and common, is stated never to have been seen by her in reply to the court’s query. It is next submitted that there is no medical report of the victim on record. Considering all the same, co-accused Shambhu Singh has already been acquitted in the trail. Learned counsel for the State points out that the petitioners seek anticipatory bail in 2008 in an F.I.R. of 2002. In the facts and circumstances, the deposition of the informant herself during trial, alleged absence of any medical report, acquittal of co-accused, let the petitioners, abovenamed surrender in the court below within a period of four weeks from 2 today, when they shall be enlarged on provisional anticipatory bail for a period of one month on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra in Sonepur P.S. case No. 166 of 2002. Before enlarging the petitioners on anticipatory bail, the court below shall verify from the records, if there be any medical report. It is only in the event of a negative medical report the provisional anticipatory bail shall be confirmed after expiry of one month. In the event of availability of medical report, this application shall be deemed to have been rejected. AKS/ (Navin Sinha, J.)