IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29382 of 2011 1. Balkrishna Das, Son of late Jiyalal Das. 2. Jiwachh Das, Son of Ram Khelawan Das. 3. Muneshwar Sah, Son of late Fudani Sah. All are resident of village-Bhajanaha, P.S.-Laukaha, District- Madhubani. …………..Petitioners. Versus 1. The State of Bihar. 2. Subhadra Devi, wife of Deo Narain Singh, resident of village-Baika Bachhauni, P.S.-Fulparas, District-Madhubani. ----------- 2 26.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a case in which cognizance for the offence punishable under Sections 323, 376, 511 and 34 of the Indian Penal Code has been taken. It is stated on behalf of the petitioners that initially a complaint was filed in the court of learned A.C.J.M., Jhanjharpur. The said complaint was referred to the police for institution of F.I.R. and investigation. The police registered Jhanjharpur P.S. case No. 120 of 2001 on 26.9.2001 under Sections 323, 376/ 511 and 34 of the IPC. On conclusion of investigation, the case was found to be false and, thus, a final report was submitted. The petitioners were not sent up for trial. The final report submitted by the police was also accepted by the court below. However, being aggrieved the informant filed a protest-cum-complaint petition 9 months after the submission of final report. The Court below pursuant to an inquiry, conducted in the complaint, took cognizance of the offence. 2 The petitioners being aggrieved by the order taking cognizance filed an application under Section 482 of the Code of Criminal Procedure, which was numbered as Cr. Misc. No. 23200 of 2002. The matter was heard by this Court on 17.5.2004 and the case was admitted for hearing. During pendency of the said case further proceeding was stayed. Subsequently, when on repeated call, no body appeared to press the application under Section 482 Cr. P.C., the case was dismissed on merit by order dated 1.10.2010. It is submitted that after dismissal of the aforesaid application, the petitioner has reasonable apprehension of arrest and thus, the present application for anticipatory bail is filed. Considering the facts and circumstances of the case, let the petitioners, namely, (i) Balkrishna Das, (ii) Jiwachh Das and (iii) Muneshwar Sah in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Complaint Case No. 689 of 2001 corresponding to Tr. No. 1944/2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ (Ashwani Kumar Singh, J.)