IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12609 of 2010 NAWAL KISHORE PRASAD son of late Chandeshwar Prasad, resident of village Bodhi Bigha, Ramghat, P.S. Chandi, Dist. Nalanda ….Petitoner Versus STATE OF BIHAR O.P. ----------- With Cr.Misc. No. 16362 of 2010 1. Suraj Prasad son of Ramdeo Prasad, resident of village Bodhi Bigha, P.S. Chandi,dist. Nalanda 2. Munna Prasad son of Birendra Prasad, resident of village & P.S. Chandi, Dist. Nalanda Petitioners Versus State of Bihar. O.P. --------------- For the petitioners : Mr. Anjani Kumar, Advocate For the State : Mr. U.S.P. Singh, A.P.P. For the informant: Mr. Upendra Kr. Advocate. ------------ 2 11.5.2010 Heard the parties. In a criminal prosecution for offences under sections 379, 376/ 511 and some other minor offences under the Indian Penal Code, the petitioners are named in the FIR vide Annexure-1. Petitioner Nawal Kishore Prasad is the father-in-law of petitioner Suraj Prasad and petitioner Munna Prasad happens to be the son of brother-in-law of petitioner Nawal Kishore Prasad. From the materials available on record it appears that both sides are on litigating terms from before and several criminal cases have been filed against each other. It is submitted by learned counsel for the petitioners that petitioner Nawal Kishore Prasad is an old man aged about 70 years and in support of his claim his matriculation certificate has been brought on record - 2 - as Annexure-2. It has also been submitted that during course of investigation the allegation of commission of offence of attempt to commit rape was not found to be supported by the independent witnesses. On close of investigation final form vide annexure-5 was submitted only against petitioner Suraj Prasad and Munna Prasad, for offences under sections 341, 447, 323, 354, 427, 504/34 of the Indian Penal Code, which all are either bailable or minor one. The petitioner Nawal Kishore Prasad was not sent up for trial and he was found to be innocent. However, learned Magistrate has disagreed with the police report and has taken cognizance against all the petitioners for offences under sections 379, 376/ 511 and some other offences under the Penal Code. Hence the petitioners have reasonable apprehension of their arrest. Learned counsels appearing on behalf of the State and the informant have strongly opposed the prayer for anticipatory bail made on behalf of the petitioners and have submitted that in view of nature of allegation as disclosed in the FIR and in view of the fact that learned Magistrate has taken cognizance against the petitioners for offences under sections 376/511 of the Indian penal Code also, they are not entitled for privilege of anticipatory bail. However, they have not disputed the factum of submission of final form only against Suraj Prasad and Munna Prasad for bailable offences only. They have also not disputed the fact that petitioner Nawal Kishore Prasad was not chargesheeted and is an old man aged about 70 years. Taking into consideration the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within a period of four - 3 - weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri S.D. Ray, J.M. Ist class, Hilsa, Nalanda in connection with Chandi P.S. Case no. 176 of 2008, subject to the conditions laid down under section 438 (2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman