IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2651 of 2009 1. SHIV LAL PASWAN @ SHIVLAL PASWAN, son of late Anuthe Paswan. 2. Ramesh Chandra Paswan, son of Shivlal Paswan 3. Mahesh Chandra Paswan alias Mahesh Paswan, son of Shivlal Paswan. All resident of village Baingra, P.S. Saharghat, District- Madhubani. Versus STATE OF BIHAR ----------- 3. 8.5.2009 Learned counsel for the petitioners is permitted to correct the designation of the Judicial Magistrate in the prayer portion of the application in the course of the day. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioner No.2 prays for anticipatory bail in a case in which cognizance has been taken under Sections 341, 323, 379 and 504 of the Indian Penal Code. Since the other petitioners have already been arrested during the pendency of the application and subsequently released on bail also, their prayer for anticipatory bail has not been pressed. Learned counsel for the petitioners submits that the allegations made in the first information report were not found to be true during the course of investigation and accordingly the police has submitted final form, yet cognizance has been taken by the learned Chief Judicial Magistrate. It is further submitted that the petitioners have been falsely implicated in this case, since the sister-in-law of the original petitioner No.1 had lodged a case under Section 376 of the Indian Penal Code against the informant and another on 21.11.2004 and subsequently the petitioner No.1 had also lodged a case under Sections 143, 341, 323 2 and 379 of the Indian Penal Code on the next morning, i.e., on 22.11.2004 at 8.30 A.M. against the informant and others. It is further submitted by learned counsel for the petitioners that the occurrence is alleged to have taken place on 20.11.2004 and the cognizance has been taken on 3.3.2008, which is after the expiry of the limitation period of three years as prescribed under Section 468 (2) of the Code of Criminal Procedure. On a consideration of the facts and circumstances of the case, it is directed that the petitioner No.2 ( Ramesh Chandra Paswan ) in the event of his arrest or surrender in the Court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri S. Singh, Judicial Magistrate, Ist Class, Madhubani in connection with Madhwapur (Saharghat) P.S. Case No.107 of 2004 corresponding to G.R. No.2132 of 2004, subject to the other applicable conditions as laid down under Section 438 (2) of the Cr.P.C. VPS ( Ramesh Kumar Datta,J.)