IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45969 of 2009 1. Laxmi Mandal, son of Late Parmeshwar Mandal. 2. Sarban Mandal, son of Late Sone Lal Mandal. Both are residents of Village-Narhi, Police Station- Arer, District- Madhubani. ……………..Petitioners. Versus The State of Bihar ………………………..Opposite Party. ----------- 4. 01. 04. 2010. Heard Mr. Gagan Deo Yadav, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Arer P.S. Case No. 110 of 2009, dated 07. 07. 2009, registered under Sections 341, 323, 376, 511 and 504/34 of the Indian Penal Code. According to the prosecution case, while the informant was going to Village- Blain and had arrived near the bank of river in between the Village- Narhi and Blain, petitioners are said to have apprehended her. Thereafter, on the order of Petitioner No. 1, Petitioner No. 2 is alleged to have threw her on the ground. Petitioner No. 1 is further alleged to have caught hold of hands of the informant and Petitioner No. 2 removed the clothes of the informant and also opened chain of his full pant and attempted to commit rape upon her in broad day light. However, on cry, some persons arrived there and thereafter, accused persons fled away. Learned counsel for the petitioners submits that the informant was set up by brother of one Jail Lal Mandal, the witness in the F.I.R. They have been falsely implicated in the present case. Learned counsel for informant as also the State have 2 opposed the prayer for grant of anticipatory bail. Be that as it may, in view of nature of allegation, this Court is not persuaded to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. Accordingly, prayer for grant of anticipatory bail of the petitioners is rejected. The petitioners must surrender in the court below within a period of four weeks from today, and if so advised, seek regular bail. If such a petition is filed in the court below, then the same may be considered on its own merit without being prejudiced by the present order. The petitioners shall be at liberty to raise all pleas in the court below including the plea of enmity. m.p. ( Birendra Prasad Verma, J.)