IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36806 of 2008 1. AZAD, son of Jalil resident of Mohalla Jafarganj, P.S. & District Katihar 2. AYUB KHAN, son of Shamshul Khan resident of Village Hasna, P.S. Pranpur, Distt. Katihar -------Petitioners Versus STATE OF BIHAR ----------- 2. 26.11.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Korha P.S. Case No.72 of 2008 for the offences under section 366A/34 of the Indian Penal Code. The allegation is that co-accused Sk.Samshad and Sk. Mustakim allegedly took the two girls of the informant for the purpose of marriage. It is submitted that no allegation has been made against these petitioners. However, during investigation the names of the petitioners have been implicated allegedly on the allegation that these petitioners in furtherance of the aforesaid marriage got prepared various papers forcibly from those two victim girls. The learned APP appearing for the State opposes the prayer for bail and submits 2 that even in the statements of the two girls recorded under section 164 Cr.P.C., the complicity of the petitioners has been stated. Considering the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. The application is, accordingly, dismissed. However, on surrender in case an application for regular bail is filed in the court below, the same would be considered on its own merits in accordance with law without being prejudiced by the present order. PNM (Shailesh Kumar Sinha, J.)