IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11351 of 2008 PUNITA DEVI & ANR Versus STATE OF BIHAR ----------- 2 06.05.2008 Heard the learned counsels for the petitioners and the State. The petitioners apprehend arrest in Chak Mehsi P.S.Case No. 14 of 2007 registered under sections 323/341/504/506/376/511 of the Indian Penal Code and 3(i)(x) SC/ST (Prevention of Atrocities) Act . It has been submitted on behalf of the petitioner that on perusal of the allegations levelled in the first information report it would appear that the allegation of visiting the place of occurrence for committing rape on the complainant is against the accused Sheo Kumar Tiwary, the husband of petitioner no.1 and the allegation against these petitioners is that they reached the place of occurrence and alleged to have assaulted the complainant and by force took away the accused Sheo Kumar Tiwary. Learned counsel further submits that the said accused namely, Sheo Kumar Tiwary having serious allegation has been allowed bail by the Court below as per the order dated 23.06.2007 passed in B.P.No. 983 of 2007. The certified copy of the said order has been produced which has been kept on record. It is further submitted that there is no allegation to constitute the commission of offence under the aforesaid provisions of the SC/ST Act. Having considered the submissions as noticed above and on perusal of the allegations levelled in the F.I.R as well as other 2 materials brought on record., it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Punita Devi & Rubi Devi be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Chak Mehsi P.S.Case No. 14 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)