IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35692 of 2011 Rekha Devi, W/o Mr. Basudeo Paswan, resident of village- Ghanshyampur, Madhubani, Aurai, District- Muzaffarpur. Versus The State Of Bihar ----------- 2 24.10.2011 The petitioner seeks anticipatory bail as she apprehends her arrest in Aurai P.S. Case No. 65 of 2011 for the offences alleged under Sections 366. 366(A). 376, 313, 34 of the Indian Penal Code. Learned counsel for the petitioner points out that the first information report has admittedly been filed more than one year after the alleged date of occurrence. He further submits that the main allegation against this petitioner as stated in the first information report cannot constitute the offence under Section 313 of the Indian Penal Code as there is no averment whatsoever either in the first information report or in the informant’s statement recorded under Section 164 of the Cr.P.C. to the effect that the miscarriage, if at all, was committed without the informant’s consent. Heard learned counsel for the State. Considering the fact that the first information report has been lodged one year after the date of occurrence and considering the advanced age of the petitioner, let the petitioner, named above, in the event of her arrest or surrender before the court below within 2 six weeks from the date of production/receipt of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Aurai P.S. Case No. 65 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. Md. Ibrarul (Vikash Jain, J.)