IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4430 of 2009 1. Md. Islam, Son of Md. Saphi. 2. Md. Suleman, Son of Md. Saphi. 3. Md. Quashim, son of Md. Saphi. 4. Shiv Balak Ram, Son of Bindeswar Ram. 5. Sita Ram, Son of Parikshan Ram. 6. Suresh Bhagat, Son of Upendra Bhagat. 7. Ram Pravesh Ram @ Ramesh Ram, Son of Ram Prit Ram. All are resident of Village Jagarnathpur Dokra, P.S. Saraiya, District Muzaffarpur. ------- Petitioners. Versus The State of Bihar ------ Opposite Party. ----------- 2 8.5.2009 Heard counsel for the petitioners and counsel for the State. On the plane reading of the allegation in the complaint petition itself, it would be evident that there is no direct allegation of any overt act against the petitioner nos. 4, 5, 6 & 7 respectively. That being so, this Court would direct the petitioners namely Shiv Balak Ram, Sita Ram, Suresh Bhagat and Ram Pravesh Ram @ Ramesh Ram to surrender before the court below within a period of four weeks from today and on their so surrendering, the court below shall enlarge them on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Lal Bahadur, Judicial 2 Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No. C-209 of 2007, subject to the condition as laid down under Section 438(2) of the Cr.P.C. This Court, however, is not inclined to grant anticipatory bail to the petitioner nos. 1, 2 & 3 namely Md. Islam, Md. Suleman and Md. Quashim and therefore, if they surrender before the court below within a period of four weeks from today, the court below shall consider the case on merit without being prejudiced by this order. Rsh (Mihir Kumar Jha, J.)