IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.22099 OF 2009 1. RAMA SHANKER SAH, SON OF LATE BIRA SAH @ RAGHUBIR SAH, RESIDENT OF VILLAGE BARUNA, POLICE STATION KUCHHILA, DISTRICT KAIMUR AT BHABHUA 2. BUDHI RAM SAH @ BUDHU SAH, SON OF SARUPA SAH, RESIDENT OF VILLAGE SARAIYA, POLICE STATION BHAGWANPUR, DISTRICT KAIMUR AT BHABHUA ……………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********** 3 06.10.2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are accused in a case under Section 376 and other allied sections of the Indian Penal Code. The victim lady is a dancer by profession. She was waiting at Kudra Railway Station for a train to Mohania where she was caught by the petitioners who raped her. It has been argued that the petitioners have filed Kudra Police Station Case No. 02 of 2008 against the victim lady and her husband and there is prior enmity between them and for this reason this false case has been instituted. Later, the lady has filed an affidavit in the Court stating that no such occurrence has taken place and the matter has been compromised between the parties and they have settled all their disputes. 2 Since the victim lady who is allegedly raped does not want to proceed with the case, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of four weeks from today in Kudra Police Station Case No. 105 of 2008 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)