IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34059 of 2008 1. SUBODH MAHALDAR Son of Gulabi Mahaldar 2.GULABI MAHALDAR Son of Late Jamun Mahaldar Both resident of Village Morsanda, P.S. Falka, District Katihar ---------Petitioner Versus STATE OF BIHAR ----------- 2. 12.11.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Protest-Cum-Complaint Case No.714 of 2007 for the alleged offences registered under sections 376/ 511, 225 and 323 of the Indian Penal Code. The allegation against petitioner no.1 is that he entered into the house of the complainant Geeta Devi in the dead of night and bolted the door from inside and tried to outrage her modesty. However, due to hue and cry made by the complainant, somehow petitioner no.1 could not rape her. Further allegation is that while fleeing away said petitioner no.1 was caught hold by the villagers and they tied him in a pole for whole of the night and in the morning while going to hand him over to the police, petitioner no.2 and others intercepted them and by force got petitioner no.1 released. The learned APP appearing on behalf of the State submits that the allegation against petitioner no.1 is specific in the alleged offence. Petitioner no.2 was also one of the persons, who got petitioner no.1 released from the clutches of villagers, who were going 2 to hand him over to the police. However, co-accused, namely, Umesh Mahaldar and other accused persons, who were involved in releasing petitioner no.1 have been allowed anticipatory bail as per the order dated 7.5.2008 passed in Cr. Misc. No.7743 of 2008 (Annexure 4). Considering the facts and circumstances of the case, let petitioner no.2 Gulabi Mahaldar, in the event of his arrest or surrender in connection with Protest-Cum-Complaint Case No.714 of 2007, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Katihar, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. However, considering the seriousness of the allegations attributed against petitioner no.1 Subodh Mahaldar, I am not inclined to grant the privilege of anticipatory bail to him. This application, as against petitioner no.1 Subodh Mahaldar is, accordingly, rejected. PNM (Shailesh Kumar Sinha, J.)