IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35803 of 2009 1. MD.NAUSHAD S/O- LATE MAINUDDIN R/O VILL- MALOR SONAPUR, P.S- BARSOI,(O.P. SUDHANI), DISTT- KATIHAR. 2. RAM CHANDRA PASWAN S/O- LATE RAM KHEALWAN PASWAN R/O VILL- SUDHANI, P.S- BARSOI,(O.P.SUDHANI) DISTT- KATIHAR Versus 1. THE STATE OF BIHAR null null ----------- 3 30.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners apprehend their arrest in a case under Sections 376, 323, 341 and 307 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no. 1 has already been arrested in this case and his anticipatory bail application has become infructuous and prays that he may be permitted to withdraw this anticipatory bail application. Prayer is allowed and the anticipatory bail application of petitioner no. 1 is dismissed as withdrawn. Learned counsel for the petitioners submits that even according to the complaint petition the only case made out against petitioner no. 2 is under Section 323 of the Indian Penal Code. Considering the submissions made on behalf of petitioner no. 2, he (Ram Chandra Paswan) is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in Barsoi P.S. Case No. 100 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)