IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12066 of 2010 1. PREMLAL YADAV SON OF SRI MANTLAL YADAV 2. NAGESHWAR SAH, SON OF LATE DEVKI SAH, BOTH RESIDENT OF VILLAGE JHALI GHAT, P.S. JANAKI NAGAR, DISTRICT PURNEA. --- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. PANCHU RISHIDEO SON OF LATE TANUK RISHIDEO, RESIDENT OF VILLAGE JHALI GHAT, P.S. JANAKI NAGAR, DISTT. PURNEA. --- OPP.PARTIES. ----------- For the petitioner : Mr. Amit Kr. Anand, Advocate. ---- 2/ 30.04.2010 Heard the parties. In a criminal prosecution for offences under sections 376 and 511 of the Indian Penal Code, petitioner no.1 Premlal Yadav is alleged to have picked up the victim lady Rukmini Devi in his lap, took her inside the room, undressed her and attempted to commit rape upon her. Petitioner no.2 is alleged to have remained standing outside, near ‘Darwaja’. It is submitted by learned counsel for the petitioners that petitioner no.1 happens to be husband of the local Mukhiya and because of local politics, the petitioners have been falsely implicated in the present case. Be that as it may, in view of serious nature of allegation against petitioner no.1 Premlal Yadav, his prayer for anticipatory bail is rejected. He must surrender in the court below in connection with Complaint Case No. 1928 of 2009, pending in the court of Judicial Magistrate, Ist - 2 - Class, Purnea within a period of four weeks from today and, if so advised, seek regular bail which shall be considered on its own merit without being prejudiced by the present order. However, so far as petitioner no.2 is concerned, he is only alleged to have remained standing outside the room and he is not alleged to have touched the victim lady. In that view of the matter, in the event of his arrest or surrender in the court below within a period of four weeks from today, let petitioner no.2 Nageshwar Sah, be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Purnea, in Complaint Case No. 1928 of 2009, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/