IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26396 of 2009 SUDAMA MANDAL Versus STATE OF BIHAR ----------- with Cr.Misc. No.34117 of 2009 SATYA NR. MANDAL Versus THE STATE OF BIHAR ----------- 3 17.9.2009 M. Rahman Heard learned counsel for the petitioners and the State Case is under section395 of the Indian Penal Code. Taking into consideration the fact that even though the petitioners are co-villagers they have not been named in the first information report, and about a month later 164 Cr.P.C. statement are purported to have been given including the name of the petitioner and adding allegation of rape which fact has not been stated in the earlier statement recorded under section 161 Cr.P.C. and also that in fact there was some kind of boundary dispute of residential land, let the petitioners above named be released on bail on their furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of like amount each to the satisfaction of C.J.M, Araria in Jokihat P.S. case no. 136 of 2008. , subject to the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and further that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they will not be released on bail and further that the petitioners will give and undertaking that they will receive the police papers on the given date and will not delay the trial. (Anjana prakash, J)