IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56617 of 2007 DEEPAK PRIYADARSHI @ DILIP KUMAR & ORS Versus THE STATE OF BIHAR ----------- 5. 16.07.08. Heard Mr. Lala Kailesh Bihari, Senior Advocate, learned counsel for the petitioners, Mr. Rudal, Advocate, learned counsel for the Opposite Party No.2 and Mr. R.P. Sharan Sinha, Additional P.P. for the State. The petitioners are apprehending their arrest in connection with Complaint Case No. 68© of 2007, registered under Section 376 of Indian Penal Code. It is submitted on behalf of the petitioners that this case has been filed by the complainant with ulterior purpose. It is further submitted that on perusal of the complaint as well her Solemn affirmation (S.A.) on the back page of complaint, it would appear that the complainant has stated that due to darkness she could not identify the face of alleged rapist nor she could say about their age. The names of the alleged rapist were given by the elder sister of the complainant. Learned counsel appearing on behalf of Opposite Party No. 2, opposed the prayer for bail and submits that there is specific allegation against the petitioners of the alleged offence. However, he could not submit as to whether the complainant had gone to the Doctor for her medical examination. Considering the above submissions and on perusal of the F.I.R. as well as her examination on S.A., it is directed that in the event of arrest or surrender within a period of four weeks from today, the 2 petitioners namely; Deepak Priyadarshi @ Dilip Kumar, Jitendra Prasad and Rupa Kumar shall 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 the Sub-divisional Judicial Magistrate, Biharsharif, Nalanda, in connection with Complaint Case No. 68C/2007, on the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. M. Pal. (Shailesh Kumar Sinha,J)