IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40299 of 2009 1. MD.ISLAM son OF MD. JAHIR 2. MD. AYUB @ AIJUB SON OF MD. TASLIM, BOTH RESIDENT OF ISLAMEA CHOWK, P.S. & DISTRICT- SAHARSA. Versus STATE OF BIHAR . ----------- 2 11.12.2009 Heard learned counsel for the petitioners and the State. The offence alleged is under sections 376 (g)/34 of the Indian Penal Code AND SECTION 3 (iii) d. (vii) of S.C./S.T.(Prevention of Atrocities) Act. It has been submitted on behalf of the petitioners that the informant is in habit of lodging such false cases which would appear on perusal of the F.I.R. of such cases as contained in Annexure-2 (series). It is further submitted that the allegation of rape has not been supported by the medical report as contained in Annexure-4 besides the fact that the informant herself has filed a petition in the Court below stating therein that on account of mistaken identity she had named these petitioners in the F.I.R. and has specifically stated that the petitioner have not committed any rape vide Annexure-3. It is further contended that on perusal of the complaint it would appear that there is absolutely no allegation attracting the alleged offence under the provisions of S.C./S.T (Prevention of Atrocities) Act, and the only allegation is that the complainant has stated that she belongs to scheduled caste community. Learned Addl. P.P. appearing for the State submits that there is allegation against the petitioner, however the medical report does not supports the allegations. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Sadar P.S. Case No. 306 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- (Shailesh Kumar Sinha,J.)