IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41697 of 2008 1. DHARMENDRA TIWARY 2. Koushlendra Tiwary, both son of Shri Ashok Tiwary, R/o village-Fatehpur, P.S.Parwalpur, Dsitrict-Nalanda. Versus STATE OF BIHAR ----------- 3. 01.04.2009 The petitioners apprehending their arrest in Silao P.S. Case No. 397 and 376 of the Indian Penal Code as well as 3/4 of the SC/ST (POA) Act have approached this Court for anticipatory bail and it is their second attempt. Earlier the petitioner had filed anticipatory bail application under Cr. Misc. No.48122 of 2007 which was rejected by this Court vide order dated 9.5.2008 on the ground that the informant and her companion, the two ladies had supported the allegation of rape. The learned counsel for the petitioners submits that earlier when the petitioners’ bail prayer was rejected, the case was under investigation but now the investigation has concluded. Further submission is that on investigation the police authorities found that it was a case instituted falsely by the informant due to the grudge that petitioners’ father had earlier filed a case against the informant and her family members under Parwalpur P.S. case No.281 of 2006 under Section 307 and other Sections of the Indian Penal Code and in that case the charge sheet was submitted against the accused persons including the informant.. The learned counsel also submits that final form reporting the occurrence not true was submitted by - 2 - police under final form No.29 of 2007 dated 29.2.2007. The learned counsel continues to submit that the informant had filed protest in the case and that after submission of charge sheet, the learned C.J.M. perused the case diary and disagree with the final form and took cognizance of offence. The learned counsel submits that earlier when the anticipatory bail prayer of the petitioner was rejected, the case was under investigation and now on completion of investigation, the police has reported abut falsity of the informant’s case and that earlier the petitioner had no occasion to bring this fact to the knowledge of this Court. The learned A.P.P. does not dispute the submission of final form in this case. In the facts and circumstances of the case, the petitioners, namely, Dharmendra Tiwary and Koushlendra Tiwary are directed to surrender in the court below within three weeks from today and in the event of their so surrendering they be admitted to anticipatory bail on furnishing bail bond of Rs.10, 000 (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, in connection with Silao P.S. Case No.397 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (C.M. Prasad, J.) Ravi/-