IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12540 of 2009 1. Rohit Mahato, son of Devendra Mahto & 2. Kailash Mahato son of Thano Mahato Both of village-Pachhiari Malahi, P.S. Barh, District- Patna. Versus THE STATE OF BIHAR ----------- 2/ 18.05.2009 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Petitioners are accused in a case instituted under section 376 of the Indian Penal Code. It is alleged that the petitioners, who are her brother-in-laws, were escorting the complainant-wife of Mutur Mahto to her parents’ home on the occasion of Raksha Bandhan but instead of taking her to parents’ home, they took her to some other place and kept her concealed and committed rape on her. However, the complainant managed to escape and thereafter the case has been instituted. It has been argued on behalf of the petitioners that two brothers Kapil Mahto, Devendra Mahto had purchased a land jointly by registered sale deed on 6.11.1989. It is submitted that Kapil and Mutur along with the father of the informant had pressurized her to lodge this false case. Learned counsel for the petitioners further submits that no case was lodged or information was given to the police although the complainant was missing from her matrimonial home for more than 4-5 months which indicates that the entire case is false and fabricated. It is further submitted that the petitioners have remained in jail since 13.10.2007. Considering the period of custody, petitioners named above - 2 - 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 the 3rd Additional Sessions Judge, Barh, Patna, in connection with Barh P.S. case no.387 of 2007 ( Sessions Trial No.320 of 2008). JA/- (Sheema Ali Khan, J.)