IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5613 of 2011 MAJOJ RAVIDAS, SON OF SH. DEGAN RAVIDAS, RESIDENT OF VILLAGE- JAMO KHERIHIYA, TOLA KABAR, P.S- JHAJHA, DISTRICT- JAMUI. Versus THE STATE OF BIHAR . with Cr.Misc. No.5939 of 2011 NAGESHWAR RABIDAS, SON OF LATE MAHABIR RABIDAS, RESIDENT OF VILLAGE-JAMO KHARHIYA, TOLA KABAR, POLICE STATION JAHJHA, DISTRICT-JAMUI. Versus THE STATE OF BIHAR . ----------- 2. 18.03.2011 Heard learned counsel for the petitioners and the State. Petitioners in both these cases are in custody in relation to Complaint Case No. 408-C of 2007 instituted under Sections 323,376 and 504 of the Indian Penal Code. The complainant is one Onkar Das and he alleges that a few days back, while he was at Kolkata, his wife had been ravished by the two petitioners. He had tried to lodge a police case but was threatened by the petitioners and the police took no action. Hence, the complaint case was being filed the complainant and some other were examined on solemn affirmation and cognizance for offence punishable under Section 376 was, inter alia, taken. Petitioners have surrendered in the court below and have been remanded to judicial custody. On behalf of the petitioner Nageshwar Rabidas, it is submitted that he is 65 years old and contrary to the statement as made by Onkar Das, the complainant in his solemn affirmation that, there is no grudge between the parties. The true story is that upon a complaint filed by the petitioner Nageshwar Rabidas was convicted, which - 2 - conviction was upheld in appeal. There has been a long standing enmity between the two. So far as Manoj Rabidas is concerned, it is again stated that his mother had filed a complaint case earlier in the year 2004 itself, as against the complainant and therefore, they were being hatched, my attention is drawn also to a complaint that was made by the prosecutrix, Chinta Devi in the year 2006 as against two petitioners and others for initiating proceedings under Section 107 of the Cr.P.C. In which, it was alleged that petitioner Nageshwar Rabidas wanted to illicit relationship with her but upon inquiry it was clearly opined that because of past enmity, Chinta Devi is repeatedly trying to create complaints. Considering these aspect of the matter, it is submitted that it is a clear case of malicious prosecution. Be that as it may, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Complaint Case No. 408-C of 2007. Devendra/ (Navaniti Prasad Singh, J.)