IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18735 of 2010 1.Silo Malakar s/o Late Durgi Malakar 2.Sanjay Malakar 3. Rajeev Malakar 4. Bipin Malakar @ Bipin Kumar All sons of Silo Malakar resident of Village Bindpur PS Bakhtiyarpur Dist. Saharsa Petitioners Versus STATE OF BIHAR Opposite party ----------- 3/ 23.06.2010 Heard learned counsel for the petitioners and the learned counsel for the State. This is an application for anticipatory bail for the offences under sections 341, 323,354,379,504 of the Indian Penal Code and 3(X) of the SC/ST Act. Learned counsel for the petitioners submits that prior to the institution of this case wife of petitioner no.1, Buchani Devi filed a petition against Raj Kumar Yadav and others (annexure 2) and has contended that in retaliation petitioners have been falsely implicated in the present case. Considering the facts and circumstances of this case, I am not inclined to grant anticipatory bail to the petitioners. Hence their prayer for anticipatory bail is rejected. However, if the petitioners surrender within two weeks from today and pray for regular bail the same shall be considered and disposed of preferably on the same day on its own merits without being prejudiced by this order taking into consideration the counter case by Buchani Devi. Let a copy of this order be communicated to the court below - 2 - (C.J.M, Saharsa in Bakhtiyarpur P.S. Case no. 311 of 2009) through FAX at the cost of the petitioners. shahid (Gopal Prasad,J)