IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33611 of 2008 1. RAJEEV JHA S/o- Shri Madhusudan Jha 2. Bhola Jha S/o- Late Gangadhar Jha Both resident of village – Bhawanipur P.S.- Amour, District – Purnea Versus 1. STATE OF BIHAR 2. Sharda Devi W/o- Shri Murli Prasad Yadav R/o- Village- Bhawanipur, P.S.- Amour, District – Purnea ----------- 2. 22.10.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered for the offences under Sections 148, 452, 380 and 354/34 of the Indian Penal Code. The allegation is that the petitioner no.1 alongwith other co-accused persons entered into the house of the complainant at night at about 9.30 p.m. and made LOOTPAT in her shop. It is further alleged that petitioner no.1 with the help of other accused persons committed rape upon her while the petitioner no.2 is alleged to have been watching there. Learned counsel for the petitioner submits that after enquiry, learned Chief Judicial Magistrate did not take cognizance for the offence under Section 376 of the Indian Penal Code, as such, the primary allegation - 2 - false only against the petitioner no. 2. Learned counsel for the State is not in a position to refute the submissions on behalf of the petitioners. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Purnea in connection with Complaint Case No. 2242 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)