IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20774 of 2010 1. JAYKANT PASWAN, S/O LATE PRABHU PASWAN, 2. SURESH PASWAN, S/O JAYKANT PASWAN, BOTH R/O VILL. GHAT BHATA, P.S. BISFI DISTRICT MADHUBANI………………PETITIONERS Versus THE STATE OF BIHAR………………………O.P ----------- For the Petitioner : Mr. Ram Nath Saran, Advocate. For the State : Mrs. Puspa Sinha 2. 23.6.2010 Heard the parties. The petitioners apprehend their arrest in a complaint case in which cognizance has been taken for offence under Sections 376 and 384 of the I.P.C. In the complaint petition vide Annexure-1, there is specific allegation that co-accused Rupan Kumar committed sexual assault upon the daughter of the complainant. Sexual relationship between the daughter of the complainant and co- accused Rupan Kumar was allegedly going on for last one year on the allurement of marriage. A village panchayati was said to have been convened before the local surpanch and there the petitioners are alleged to have abused to the complainant and are also alleged to have freed co-accused Rupan Kumar from the clutches of the complainant and her other family members. It is submitted that petitioner no. 1 is the father of co- accused Rupan Kumar and petitioner no. 2 is the elder brother of co-accused Rupan Kumar. In the whole complaint petition vide Annexure-1, not even a single word has been uttered against the petitioners either regarding their participation or abetment for 2 committing the crime of rape. It is further submitted that in the facts and circumstances of the case the offence under section 380 I.P.C. shall also not been applicable against the petitioners. Petitioners have been made accused in the present case on the ground that they are father and elder brother of co-accused Rupan Kumar. Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the aforesaid petitioners shall be enlarged on bail on furnishing bail-bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Madhubani in connection with Complaint Case No. 53 of 2010, subject to the condition laid down under Section 438(2) Cr.P.C. Praveen (Birendra Prasad Verma,J.)