IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29069 of 2009 1.BIJAN SAH son of Ram Prasad Sah 2.Bishambhar Sah son of Ram Ekbal Sah both r/o village Kishanpur, P.S. Bathana, Dist. Sitamarhi. …….Petitioners. Versus STATE OF BIHAR ----------- 4 16.3.2010 Heard Mr. Ashok Kumar Singh No.2, learned counsel appearing for the petitioners and Mr. Anand Mohan Mehta, learned A.P.P. for the State. The prayer for anticipatory bail filed on behalf of petitioner no.1 stood withdrawn by an order dated 7.10.2009 and, therefore, he confines his prayer to petitioner no.2 Bishambhar Sah only. It is submitted by learned counsel for the petitioner that though there is allegation of sexual assault against the two first information report named accused persons, but on close of investigation, police found the entire allegation of prosecution to be false and submitted a final report on 31.7.2008, showing the entire allegation to be false. However, the learned Magistrate disagreeing with the police report has taken cognizance and, therefore, petitioner apprehends arrest in the present case. It is also submitted that informant is a married lady and present case has been lodged due to some dispute regarding money transaction between the husband of the informant and father of accused persons. Learned A.P.P. after going through the case diary has also fairly conceded that there are some materials in the case diary showing enmity between the parties. Be that as it may, let petitioner no.2 ,namely Bishambhar Sah in the event of his arrest or surrender in the court below within four weeks from - 2 - today be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Sitamarhi in Bathnaha P.S. case no. 64 of 2008, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman