IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34292 of 2011 ====================================================== 1. Md. Ziyauddin. 2. Md. Ejaz. Both sons of Md. Khairuddin. 3. Md. Rizwan, son of Md. Sahid Raza @ Sahru. All are residents of Vill. Dumra, Police Station Chandauti, Distt. Gaya. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hare Krishna Kumar with Mr. Sanjeev Kumar, Advocates For the Opposite Party/s : Mr. D. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 13-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 448, 324, 354, 379 and some other allied offences under the Indian Penal Code. Learned counsel for the petitioners submits that according to the prosecution case, only against the petitioner no.3 there is some specific allegation to have attempted to commit rape, and to have assaulted one Jahid Raja. It is further submitted that so far as petitioner nos.1 and 2 are concerned, there is no specific allegation against them of assault upon the informant or any other family members. Allegations against them are general and omnibus in nature. It is also submitted that a counter case has been lodged for the same occurrence from the side of accused persons vide Patna High Court Cr.Misc. No.34292 of 2011 (2) dt.13-10-2011 2 Annexure-2. Be that as it may, in the facts and circumstances of the case, this Court is not persuaded to accede to the prayer made on behalf of the petitioner no.3, namely, Md. Rizwan for grant of anticipatory bail. His prayer for anticipatory bail is rejected. The petitioner no.3 is directed to surrender in the court below in connection with Chandauti P.S. Case No.92 of 2011 pending in the court of learned Chief Judicial Magistrate, Gaya within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without, being prejudiced by the present order. However, so far as petitioner no.1, Md. Ziyauddin and Petitioner No. 2, Md. Ejaz are concerned, in view of fact that there is no specific allegation of specific overtact against them, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, they are directed to be released on bail in connection with Chandauti P.S. Case No.92 of 2011 on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J)