IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18011 of 2009 1. MD.JAHID, son of Md. Basir 2. Md. Shakil, son of Md. Basir 3. Md. Basir, son of late Md. Yaqub All are residents of village-Jamuari, P.S.-Benipatti, Arrer, District- Madhubani-----------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 3.7.2009 Heard learned counsel for the petitioners and the State. Petitioners are father and brothers of Md. Kalim, who has been alleged for having intercourse with the victim girl on the pretext of marriage. If that can be the ingredient for constituting offence under section 376 of the Indian Penal Code is not to be taken into consideration at this stage. Petitioners have not been alleged for having their any role to play rather have been alleged for not accepting the demand of the victim and her family members to marry her with Kalim. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order the 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 the Chief Judicial Magistrate, Madhubani, in connection with Benipatti (Arrer) P.S. case no.265 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )