IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23329 of 2009 1. VIVEK RASTOGI 2. VIPUL RASTOGI 3. VIJAY RASTOGI 4. HARE KRISHNA RASTOGI. Versus STATE OF BIHAR ----------- 02 14.09.2009 Heard both sides. Petitioners, who are 04 in numbers, have approached this court seeking anticipatory bail in a case instituted under diverse Sections of the Penal Code as also under Sections 386, 467 and 468 of the Penal Code. The complainant/informant was married in Varanasi. She lodged a case against the in-laws including the petitioner nos. 1, 2 and 3 under Section 498 A of the Penal Code. She was ousted from the matrimonial home. She came back to her parent’s home in Chapra. The present case has been lodged alleging that these petitioners arrived at the residence and assaulted the complainant/informant and forcibly obtained certain signatures. Learned counsel for the petitioners submits that father of the girl had lodged a case at Banarsh stating that his daughter was subsequently taken from the home by one of her relatives and they might lodge false cases against them. There is also allegation of demanding certain amount. On perusal of the F.I.R., this court finds that there is allegation of extortion, assault against petitioner nos. 1 and 2. So far as petitioner nos. 3 and 4 2 are concerned, the allegation is that while the witnesses tried to intervene they were scared. Petitioner nos. 3 and 4 are maternal uncles. Considering all aspect of the matter, this court is not inclined to extend the privilege of anticipatory bail to petitioner nos. 1 and 2. Accordingly, prayer for anticipatory bail, made on behalf of the petitioner nos. 1 and 2, namely, Vivek Rastogi and Vipul Rastogi, is rejected. Let them surrender and apply for regular bail before the court which shall be considered and disposed of by the court below uninfluenced by the present order passed by this court in the present proceeding. So far as petitioner nos. 3 and 4, namely, Vijay Rastogi and Hare Krishna Rastogi are concerned, in the event of their arrest or surrender before the court within a period of 04 week from today, they are directed to be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- ( twenty thousand) each with two sureties of the like amount each to the satisfaction of the CJM Saran Chapra in connection with Bhagwan Bazar P.S. Case no. 14/09, subject to the condition as laid down under Section 438(2) of the Cr.P.C, and one of the bailors should be the own/close family member of the petitioners. It is made clear that this privilege of anticipatory bail granted to petitioner nos. 3 and 4 on the condition that after framing of charge the petitioner nos. 3 and 4 shall appear in 3 person on each date fixed at the trial and cooperate with the trial. In case of default on two consecutive dates the trial court may consider cancellation of bail and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)