IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19342 of 2010 1. MD.JAHANGIR son of late Md. Rafique Ansari, 2. Jahida Khatoon wife of late Md. Rafique Ansari, 3. Mufida Khatoon daughter of late Md. Rafique Ansari, 4. Rabiya Khatoon @ Safiya Khatoon daughter of late Md. Rafique Ansari, 5. Md. Ashlam son of late Md. Rafique Ansari, All residents of village Degma, P.S. Roh, District Nawadah… …Petitioners Versus THE STTE OF BIHAR… OPPOSITE PARTIES For the Petitioners: Mr. Rajeev Nayan, Advocate For the State: Mr. U.S.P. Singh, A.P.P. ----------- 3 16.06.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehends their arrest in a case registered for offences punishable under sections 376/504/323/448/34 of the Indian Penal Code. As per the allegation set up in the first information report, allegation of rape is upon co-accused Md. Kalim, whereas it has been alleged that when the aforesaid co-accused Md. Kalim refused to marry the informant. She had raised protest as she had already become pregnant and then it is alleged that some of the accused persons including these petitioners assaulted her by fists and slaps, so that the pregnancy could be terminated. Learned counsel for the petitioners submits that 2 the allegation in the first information report sufficiently reflects that the physical relation between co-accused Md. Kalim and the informant was consensual one, however, they had married each other and taking into consideration all these facts, a Bench of this Court had already granted bail to the aforesaid co-accused Md. Kalim vide order dated 02.06.2010 in Cr. Misc. No. 19324 of 2010. That apart, it is also submitted that a Medical Board, report of which has been brought on record as annexure 2, had opined unanimously that the informant was not pregnant, thus, the entire allegation in this regard upon the petitioners stands belied. Having considered the facts and circumstances of the case specially the fact that there is no allegation of rape upon these petitioners and the co-accused Md. Kalim, against whom there was allegation of rape and he had married the informant now, as has been observed by a Bench of this Court in order dated 02.06.2010 in Cr. Misc. No. 19324 of 2010, has already been granted bail on the ground that sexual intercourse was between him and the informant and the informant was consensual one, let the petitioners, Md. Jahangir, Jahida Khatoon, Mufida Khatoon, Rabiya Khatoon @ Safiya Khatoon and Md. Ashlam, in the event of arrest or 3 surrender by them within four weeks, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Roh Police Station Case No. 04 of 2009, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. SC ( Dr. Ravi Ranjan, J.)