IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6005 of 2010 1.LAKHAN SHARMA @ LAKHAN DAS @ RAM LAKHAN DAS son of late Ranjay Sharma 2.Ram Shankar Sharma son of Lakhan Sharma @ Lakhan Das @ Ram Lakhan Das Both are resident of village:-Jhitakiyahi, P.S.-Pipra,Dist.-Supaul. Versus THE STATE OF BIHAR ----------- 2. 3.3.2010. Heard Mr.Prem Kumar Jha, learned counsel for the petitioners and Mr. Uma Shankar Prasad Singh, learned APP for the State. The petitioners are in custody in connection with Pipra P.S. Case No.141 of 2008 registered for the offences under sections 376, 354 and 372/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 is aged about 74 years and petitioner 2 is his son. Learned counsel further submits that by way of filing complaint petition, petitioner no.1 was made accused for committing offence under section 376 and other sections of the Indian Penal Code. So far as petitioner no.2 is concerned allegation against him was that he abused and threatened the informant and his family members. He further submits that prior to filing of the present case the petitioner no.1 had filed a complaint petition i.e. Complaint Case No.513 of 2008 vide annexure-4 and, accordingly, he submits that false case was instituted against the petitioners. In this case petitioners are in custody since 28.11.2009. He while referring annexure-2 to the petition, which is final report, submits that even during investigation the police has found the case under section 2 376 of the Indian Penal Code as untrue. However, police has submitted charge sheet under different sections of the Indian Penal Code and except section 379 of the Indian Penal Code, other sections of the Indian Penal Code are bailable sections. Considering the facts and circumstances of the case, let petitioners named above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Pipra P.S.CaseNo.141 of 2008. Md.S. ( Rakesh Kumar, J.)