IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46607 of 2008 SUKHAL SINGH SON OF LAKHAN SINGH RESIDENT OF VILLAGE MAHTHI,P.S.BIBHUTIPUR,DISTRICT SAMASTIPUR Versus STATE OF BIHAR ----------- 2/ 2.2.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case which has been registered against four persons for offences under Section 376/34 of the Indian Penal Code. From annexure-5 it appears that two other similarly situated co-accused namely, Ajay Mahto and Md.Wazir Mian have been granted anticipatory bail by a Bench of this Court on 6.11.2007 Vide Cr.Misc.No.39760 of 2007. Submission is that the matter was investigated into and after completion of investigation final form has been submitted. Further submission is that the entire village is polarized between two groups and the present case is out-come of that divide. In this case, cognizance has been taken on the basis of protest after several years of occurrence. Considering the facts and circumstances of the case, this application is allowed. The above named petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Samastipur in Rosera P.S.Case No. 147 of 1998 subject to the conditions as laid down in Section 2 438(2) of the code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)