IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39248 of 2008 1. AJAY RAM @ AJAY KUAMR RAM 2. Manoj Kumar Choudhary ………………… Petitioners Versus STATE OF BIHAR ----------- 3. 20.11.2008 Heard the learned Counsel for the petitioners and the learned counsel for the State as also the learned Counsel for the complainant. The petitioners apprehend arrest in a complaint case under Sections 377 and other provisions of the Penal Code. The submission is of false implication because of Hajipur PS Case No. 178 of 2006 filed by petitioner no. 1 against maternal uncle of the present complainant. It is denied that the complainant is an employee of petitioner no. 2. There is no medical report of the alleged victim nor any explanation for absence of the same. Counsel for the complainant fairly acknowledges that the medical examination of the alleged victim was never done and there is no report for the same. The Court, based on materials presently available, in the gravity of the allegations finds it difficult to grant anticipatory bail. This application is therefore disposed with the observation that if the petitioners appear before the court below and place materials to the effect that the complainant was in fact not an employee of petitioner no. 2 at all supported by statutory foundation the same shall appropriately be considered by the court below expeditiously without being prejudiced by the present order. Snkumar/- (Navin Sinha,J.)