IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7507 of 2009 1. MANTU RAI,son of Govind Rai 2. Gandel Rai @ Gandlu Rai,son of Govind Rai Both residents of village-Kadwa,P.S.- Baisi,Dist.-Purnea. Versus STATE OF BIHAR ----------- 02/ 07-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that petitioners have been alleged for committing the rape upon the complainant by filing a complaint case, in which two brothers are involved together and with help of one another committed the rape. There was enmity in between the parties. Petitioners’ father filed a case against the family members of the complainant’s husband, though based on complaint petition but making the allegation by the complainant is not for the first time, rather earlier also Complaint Case No.1233 of 2004 was filed by the complainant against Dukhan and others due to otherwise differences, though having no concern with the petitioners. Basing the circumstance discussed above, in my view also, petitioners’ arrest cannot be justified. In case of arrest or surrender within one month from today in Complaint Application No.1877 of 2006, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )