IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.34662 OF 2009 1. CHANDAN MISHRA, SON OF MAHENDRA MISHRA 2. USHA DEVI, WIFE OF BRAJ KISHORE MISHRA 3. BRAJ KISHORE MISHRA, SON OF MAHENDRA MISHRA ALL RESIDENT OF VILLAGE KHOPI, POLICE STATION RUNNISAIDPUR, DISTRICT SITAMARHI ……………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 16/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Sections 307, 376, 511, 379, 448, 341 and 323/34 of the Indian Penal Code. The informant’s brother Sanjay Kumar Tiwary was accused in a case of theft which was instituted in Delhi. Sanjay Kumar Tiwary fled away from Delhi and was finally apprehended at his village home. The petitioner whose sister-in-law is the Pramukh was a seizure list witness in the case. The petitioner had also instituted a case on 17.12.2008 against the informant alleging therein that Sanjay Kumar Tiwary had assaulted him for which he has lodged Runnisaidpur Police Station Case No. 387 of 2008. Learned Counsel for the petitioners submits that the present case has been filed after delay. It is submitted that the very narration in the First Information Report is unbelievable. It is submitted that the occurrence has been divided into two days. On 16.12.2008, it is alleged that this petitioner had tried to outrage the modesty of the informant and it is also stated that on the next date, the petitioners assaulted the informant and committed theft in her house. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Runnisaidpur Police Station Case No. 54 of 2009 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)