IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1129 of 2011 BHOLA SAH Versus THE STATE OF BIHAR ----------- 2 10.02.2011 The petitioner being elder brother of the husband is apprehending his arrest in a case registered under Sections 323, 376 and 504 of the Indian Penal Code. The accusation is of establishing physical relationship with the complainant however it is submitted by learned counsel for the petitioner that there was dispute from before and husband of the complainant filed a case against the petitioner three days prior to the present case and the eye witness Kanchan Devi has refused to support the prosecution case during enquiry. In view of accusation I am not inclined to grant anticipatory bail. Let the learned Court below consider the regular bail of the petitioner preferably on the same day if the petitioner surrenders before learned Court below within a period of four week from today. Learned Court below may consider the fact that both sides are agnate and there was dispute between the parties from before and the eye witness has refused to support the prosecution case. 2 The application is disposed off. Let copy of order be transmitted to the learned Court below through FAX at the cost of the petitioner. Bhardwaj ( Dinesh Kumar Singh,J.)