IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2683 of 2010 1. LAKSHMINIDHI PANDEY,son of Sitaram Pandey 2. Manish Kumar Pandey,son of Lakshminidhi Pandey 3. Anita Devi,wife of Lakshminidhi Pandey, Village-Biakarpur @ Baikunthpur,P.S.- Khusropur,District-Patna. Versus THE STATE OF BIHAR ----------- 02/ 26-03-2010 Heard Mr. Rama Kant Sharma, learned senior counsel appearing for the petitioners and Sri Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Complaint Case No.71 of 2006 giving rise to Sessions Trial No.1661 of 2007. The complaint petition was filed for the offences under Sections 420, 376, 109, 120B and 384/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that after holding enquiry in terms of Section 202 of the Code of Criminal Procedure cognizance was taken only against co-accused Rajnish Kumar Pandey for the offence under Section 376 of the Penal Code by order dated 01-08-2006 passed by the learned S.D.J.M., Barh. It is also submitted that though petitioners no.1 and 3 are parents-in- law of the complainant and petitioner no.2 happens to be her husband, but no cognizance was taken against them by the learned S.D.J.M. In the complaint petition itself it has been admitted that the complainant was married with petitioner no.2 but he is an impotent person and, therefore, the complainant was forced to have physical relationship with co-accused Rajnish Kumar Pandey, as a result of which she 2 became pregnant and subsequently gave birth to a child. He later married with another lady. It is stated by the learned counsel for the petitioners that during the course of trial petitioners have been summoned in terms of Section 319 Cr.P.C. by order 04-03-2009 passed by the Additional Sessions Judge-I , Barh. He further submits that another co-accused person has been granted anticipatory bail by a Bench of this Court by order dated 19-01-2010 passed in Cr.Misc.No.39703 of 2009. In the aforesaid background, this application for anticipatory bail is allowed. In the event of arrest/surrender within a period of four weeks from today in S.T.No.1661 of 2007, arising out of Complaint Case No.71 of 2006, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1, Barh, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure and subject to the further condition that the petitioners shall make regular Pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make Pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. Let the certified copies of the orders produced by the learned senior counsel for the petitioners be kept on record. AH/ ( Birendra Prasad Verma, J.)