IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35970 OF 2009 1. RAMDEO YADAV, SON OF BISUNDEO YADAV 2. DHB RUP YADAV, SON OF HARIHAR YADAV 3. BHARAT YADAV, SON OF JUGUL YADAV ALL RESIDENT OF VILLAGE NAUTAN KHAIRA TOLA, POLICE STATION NAUTAN, DISTRICT WEST CHAMPARAN …………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 07/12/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 342 and 376 of the Indian Penal Code. Learned Counsel for the petitioners submits that the petitioners are falsely implicated in this case. Firstly, it is submitted that in the examination, Rubiya Khatoon has stated that she does not know the petitioners and their names were disclosed by other villagers. Learned Counsel thereafter points out to Annexure-2 which is a case filed in which these three petitioners have been named as charge sheet witnesses and the case was instituted against Rubiya Khatoon, It is further submitted that when the trial was about to commence, the present case has been instituted in the year 2005. The petitioners 1, 2 and 3 had deposed against her in the said trial. Learned Counsel thereafter 2 submits that it is apparent that the case has been instituted due to previous enmity. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Complaint Case No. 1723C of 2005 (Trial No. 2913 of 2009) on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Grish Mishra, Judicial Magistrate, Bettiah, West Champaran subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)