IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5079 of 2009 ---- 1. Jibachh Bhagat @ Jibachh Yadav son of Late Dhanpat Rai. 2. Tuntun Rai son of Jibachh Bhagat @ Jibachh Yadav. Both are residents of Village- Sonbarsha Chauk, Musapur, P.S.(Muffasil) Samastipur, District-Samastipur. – Petitioners Versus The State of Bihar -- Opposite party. ----- 02. 15.05.2009 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under Sections 436 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that although allegation is levelled against the petitioners by the informant, but the investigation is going on and the entire allegation against the petitioners is false and frivolous and the petitioners have been implicated only because Samastipur P.S.Case No.184 of 2008 had been filed by petitioner no.1 against the husband of the informant for offences punishable under Section 302 and other sections of the Indian Penal Code and only in retaliation and to save her husband, the instant case has been lodged against the petitioners. Learned counsel for the petitioners also avers that petitioners have got no criminal antecedents and they have been falsely implicated. Although learned for the informant vehemently opposes the contentions of learned counsel for the petitioners, but Considering the facts and circumstances of this case as well as the arguments of - 2 - the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioners, namely 1. Jibachh Bhagat @ Jibachh Yadav and 2. Tuntun Rai, shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Samastipur in connection with Samastipur (Muffasil) P.S.Case No.254 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)