IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22384 of 2009 MAHENDRA CHOUDHARY S/O-Late Dhodhai Choudhary, R/O-Vill-Parati, P.S.-Bochaha, Distt.-Muzaffarpur. …………………………………………..Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. WITH Cr.Misc. No.17267 of 2009 TRIBHUSHAN CHOUDHARY S/O-Late Rambali Choudhary, R/O-Vill-Ramnagar, P.S.-Gaighat, Distt.-Muzaffarpur. …………………………………………..Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 2/ 03.08.2009 Since both the above bail applications have arisen out of one occurrence which has led to registration of the FIR under Sections 376 (2)(F)(G) of the Indian Penal Code, they have been heard together and are being disposed of by this common order. The informant aged 12 years in her fardbeyan has stated that in absence of her parents she was called by the petitioners four to five months prior to the occurrence where she was raped. Submission is that in course of investigation, the witnesses have stated that the informant’s family was having motive to 2 false implication of the petitioners. The delay of four to five months has not been explained. The independent witnesses have stated that at the time of occurrence the victim was residing with her parents at Delhi. Considering the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/concerned court Muzaffarpur in connection with Bochaha P.S. Case No.- 142 of 2008. kksinha/ (Shyam Kishore Sharma, J.)