IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18698 of 2008 MANOJ KUMAR & ANR Versus THE STATE OF BIHAR ----------- 3 28.8.2008 Heard counsel for the petitioners and the State. The petitioners apprehend their arrest in a case under section 376 of the Penal Code. Learned counsel for the petitioners submits that both the petitioners are own brothers. The case of the petitioners is that their sister was married to the complainant’s brother, who died in suspicious circumstances in the house of the complainant’s brother. He submits that in fact the sister of the petitioners filed a case against the family members of the complainant and as such in order to put pressure on them, the instant complaint case has been filed against the petitioners. Learned counsel further submits that when enmity is persisting between the parties, it would be very unlikely that the complainant would go along with the petitioners in search of drinking water. He submits that it is unbelievable that both the petitioners, who are own brothers, would commit rape with the complainant one after another at the Railway platform and would manage to escape from the scene. Learned counsel for the complainant submits that her son aged about 10 years has supported the incident. Learned counsel for the petitioner submits that the statement of the boy has been tutored by her mother and other family members - 2 - KHAN and the complainant is aged about 50 years. Considering the facts and circumstances of the case, I am inclined to give benefit of doubt to the petitioners. The provisional bail granted to them by this court by order dated 28.5.2008 stands confirmed. It goes without saying that the petitioners would cooperate in the trial and would not seek unnecessary adjournment. The learned trial court who is in seisin of the matter would take steps to expedite the trial. (S.P.Singh,J)