IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39866 of 2008 1. PARMESHWAR MAHTO S/o- Aghunu Mahto 2. Aghunu Mahto S/o- Late Hari Mahto Both are resident of village – Bishaul, P.S. Harlakhi, District - Madhubani Versus STATE OF BIHAR ----------- 2. 08.12.2008 Heard the parties. Petitioners are accused in a case for the offence registered under Sections 354, 376 and 511 of the Indian Penal Code. It is submitted that although the allegations have been made against petitioner no.1, Parmeshwar Mahto. However, the police after thorough investigation, found the case incorrect and submitted final form, not charge sheeting any of the petitioners. Learned Magistrate, however, diferred and took cognizance against the petitioners. It is further submitted that there is no material against the petitioners to substantiate the present case. As a matter of fact, the present case has been lodged for ulterior purpose on account of land dispute. Learned counsel for the State is not in a position to refute the submissions made on behalf of the petitioner. Considering the facts and circumstances of the case and the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from - 2 - 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 Chief Judicial Magistrate, Madhubani in connection with Complaint Case No. 508 of 1997 corresponding to Harlakhi P.S. Case No. 136 of 1997. subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)