IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11237 of 2009 1. MD.AFROZ, son of Md. Asghar 2. Md. Ano, son of Md. Asghar 3. Md. Guddi, son of Md. Anwar 4. Md. Gaffar, son of Md. Asghar 5. Md. Khurshid, son of Md. Makbool 6. Md. Israil, son of Md. Asghar 7. Md. Asghar, son of late Md. Safo Residents of village-Mohanpur, P.S.-Chandradeep(Sikandra), District- Jamui-----------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 16.4.2009 Learned counsel for the petitioners seeks permission to withdraw this application as against petitioner no.4. Permission is accorded. This application is dismissed as withdrawn as against petitioner no.4. Heard learned counsel for the petitioners and the State. It is unfortunate that a single incident took place but two cases were lodged, one by the complainant and another by her father. Justifying both the cases only skill is used. Some of the allegations are left in one of the cases and it is strange enough that bail is being opposed with the same skill. Otherwise, in F.I.R. case, petitioners are on bail. So their arrest for the same cause can never be justified. In the facts and circumstances, in the event of arrest or surrender within one month from today in Complaint Case no.646 C of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Triloki Dubey, Judicial Magistrate, Ist Class, Jamui , subject to the condition - 2 - as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )