IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11193 of 2010 1. MD.KAMRUDDIN,s/o late Farid 2. Md. Umar, s/o late Ibrahim, Both resident of village-Marui,P.S.- Roh,District-Nawada. .. petitioners Versus THE STATE OF BIHAR .. Opp.Party with Cr.Misc. No.15536 of 2010 1. MD.SAHIM,s/o Late Zainul 2. Md. Fahim,s/o Late Zainul 3. Naresh Singh,s/o Late Binda Singh 4. Md. Akhtar Sah,s/o Late Moin Shah All resident of village-Marui,P.S.- Roh,Distt.-Nawada. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :M/s N.K.Agrawal,(Senior (Advocate) & Amresh Kr. Sinha,Advocate For the State :M/s Pramod Kumar Pandey And Md.Arif, Addl.P.Ps. For the Informant :Mr.Ramanuj Tiwary,Advocate ---------- 2/ 27-04-2010 Heard the parties. Petitioners in both the criminal miscellaneous petitions apprehend their arrest in connection with Roh P.S.Case No.87 of 2009 dated 15-12-2009, registered under Sections376. 511, 384, 380, 323 and 452 of the Indian Penal Code and 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that the informant is an elected Sarpanch of Gram Panchayat, Marui in the district of Nawadah. Petitioner-Md. Kamruddin and petitioner-Naresh Singh are said to be elected Panches of Gram Kochhari of said Gram Panchayat. Petitioner- Md.Sahim is the brother of petitioner-Md.Fahim. Petitioner-Md. 2 Akhtar Sah is the husband of elected Mukhiya of Gram Panchayat. It is further submitted that because of local party politics this case has been filed with false and baseless allegation against these petitioners. It is also highlighted that the manner in which allegations have been levelled against the petitioners, prima facie, appear to be not believable, and therefore, petitioners are entitled to have the privilege of anticipatory bail. Learned counsels for the State as also the informant have strongly opposed the prayer for anticipatory bail made on behalf of the petitioners. It has been submitted that petitioner- Naresh Singh is specifically alleged to have attempted to commit rape upon the informant and petitioner-Md. Akhtar Sah, who is the husband of the Mukhiya of the Gram Panchayat, is alleged to have torn certain Government records. However, so far other petitioners are concerned, they have not been pin pointedly assigned specific role save and except that there is general and omnibus allegation of demand of certain money by way of Rangdari. Be that as it may, in the facts and circumstances of the case and in view of specific allegation against petitioner no.3- Naresh Singh and petitioner no.4-Md. Akhtar Sah of Cr.Misc.No.15536 of 2010, their prayer for anticipatory bail is rejected. They must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of 3 on its own merit without being prejudiced by the present order. However, so far other petitioners are concerned, there is general and omnibus allegation against them. Therefore, in that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners no.1 and 2 of Cr.Misc.No.15536/2010 and petitioners of Cr.Misc.No.11193/2010 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawadah, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)