IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18049 of 2009 PAPPU @ DIWAKAR MANDAL & ORS Versus STATE OF BIHAR ----------- 3/ 08-10-2009 Heard learned counsel for the petitioners, learned Addl. P.P. for the State and learned counsel for the Informant. The petitioners apprehend their arrest in a police case under section 376 of the Indian Penal Code. The submission is of false implication because of an earlier Pranpur P.S. Case No.46 of 2009, lodged by petitioner No.4 against the brother of the present informant for an occurrence of the same day, where-after the present allegations are said to be registered as Pranpur P.S. Case No. 47 of 2009. Learned counsel for the State submits that the informant is the prosecutrix/ victim herself leveling allegations against the petitioners. The allegations are of gang rape by five persons. This Court has perused the medical report of the victim, at paragraph 23 of the case diary, while leaves it completely dissatisfied in the nature of the allegation. Considering the nature of allegation, medical report, the existence of Pranpur P.S. Case No. 46 of 2009, let the petitioners, namely, (1) Pappu @ Diwakar Mandal - 2 - (2) Ravi Mandal (3) Subhash Mandal (4) Santosh Kumar and (5) Satish Kumar Choudhary, surrender in the court below within a period of four weeks from today when they shall be enlarged on anticipatory 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, Katihar in connection with Pranpur P.S. Case No. 47 of 2009, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Navin Sinha, J ) BTiwary/