IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12955 of 2009 GANESH SINGH @ GANESH SING @ GANESH PRASAD SINGH & ANR. Versus STATE OF BIHAR ----------- 02/ 16.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 376 and 511 of the Indian Penal Code as well as section 3(i), (x), SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that the allegation of attempt to rape is upon one Ramesh Kumar Singh only. Learned counsel for the petitioners further submits that from the F.I.R. itself it would be apparent that the petitioners were not even present at the place of occurrence and they have been implicated only because petitioner no.1 happens to be the brother of Ramesh Kumar Singh and petitioner no.2 happens to be the co-villager. Learned counsel for the petitioners also avers that it will also be apparent from the final form submitted by the police. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioners, namely Ganesh Singh @ Ganesh Sing @ Ganesh Prasad Singh and Radhe Singh @ Nakta shall be released on bail on furnishing bail bonds of 2 Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S. Case No.25 of 2006 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)