IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1395 of 2008 MD.NASIM @ NASIM ANSARI & ORS Versus THE STATE OF BIHAR ----------- 2 14.05.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sono P.S.Case No. 02 of 2004 registered under sections 363/366A/376/504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on perusal of the allegations levelled in the first information report; it would appear that the allegation of committing rape and persuading the informant to come out of her house is against one Wasim Miyan and not against these petitioners. It is further submitted that on perusal of the first information report, it appears that the informant herself on her own had left her house. It is also submitted that police after investigation submitted final form; however the learned Chief Judicial Magistrate deferred and took cognizance against all the accused persons including these petitioners. . Considering the submissions as noticed above, the allegations levelled in the first information report, the averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks, the petitioners namely, Md. Nasim @ Nasim Ansari, Md. Hashim @ Md. Hashim Ansari, Md. Niyaz @ Md. Niyaz Ansari and Md. Quasim @ Md. Quasim Ansari be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the - 2 - like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Jamui, in connection with Sono P.S.Case No. 02 of 2004, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)