IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16596 of 2010 1. MD.MAHAMMADIN SON OF LATE SAJIM MIAN 2. MD. GAFFAR SON OF MD. MAHAMMADIN MIAN BOTH RESIDENT OF VILAGE JAGDISHPUR, P.S. SABEHGANJ, DISTRICT MUZAFFAARPUR. Versus THE STATE OF BIHAR ----------- 02. 09.06.2010 Learned counsel for the petitioner has filed supplementary affidavit placing on record the injury report dated 30.11.2007 issued by the Medical Officer, Incharge, Primary Health Centre indicating injuries found on the person of petitioner no.1 on 30.11.2007, which is taken on record. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections- 452, 376, 511/34 of the Penal Code. They are named in the First Information Report. It is submitted on behalf of the petitioners that offence under Section 376 I.P.C. is not made out and such fact is apparent from the materials collected in the case diary and in appreciation of such fact petitioners be admitted to the privilege of bail in the event of arrest. Aforesaid case was registered as far back on 1.12.2007, in the circumstances, after about three years of the lodging of the case, I am not inclined to consider the prayer of the petitioners for grant of bail in the event of arrest. This application is rejected with direction to the petitioner to surrender 2 in the court of S.D.J.M., West, Muzaffarpur in connection with Sahebganj P.S. Case No.202 of 2007 within four weeks from the date of receipt of this order in the court below and apply for regular bail which should be considered in accordance with law in the light of the materials collected in the case diary without being prejudiced by the fact that this court has not admitted the petitioner to the privilege of bail in the event of arrest. Rajesh/ (V.N.Sinha, J.)