IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27523 of 2009 1. RAMADHIN CHAURASIYA 2. Akhlesh Chaurasiya @ Akhilesh Kumar 3. Sujit Chaurasiya 4. Sunil Chaurasiya 5. Karma Chaurasiya Versus The STATE OF BIHAR ------ 2/ 08.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that Petitioner no.1 is father, petitioner nos. 2 and 3 are sons of petitioner no.1 and petitioner nos. 4 and 5 are cousin brother of petitioner no.1. Petitioner no.1 has been alleged to order his sons to commit rape upon the complainant thereupon petitioner no. 2 indulged in some activity if rape and for petitioner nos. 3, 4 and 5, it is said that they snatched some ornaments of the complainant but prior to the incident, a case filed on behalf of the wife of the petitioner no.1 against the complainant’s father-in-law (Sasur) for assault caused by him braking teeth of Vijay Chaurasia was pending, otherwise act alleged does not come within the definition of rape and allegation made in the complaint petition appears immature, as father ordered his sons to commit rape is not believable and such act could be done by all the family members is also not believable. In any case believing the same, petitioners’ arrest cannot be justified. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month 2 from the date of receipt/production of a copy of this order in connection with Complaint Case No. 546 of 2006, above named petitioners shall 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 S.D.J.M., Nawada subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)