IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30906 of 2009 1. HARDEO MAHTO 2. Brahmdeo Mahto 3. Udai Prasad @ Uday Kumar 4. Manju Devi 5. Shanti Devi Versus The STATE OF BIAHR ----- 2/ 04.11.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that petitioners are family members of co-accused, Rakesh Prasad. He has been alleged for committing an attempt to rape upon the informant’s daughter and petitioners have been alleged for causing assault constituting an offence under Section 323 of the I.P.C. even then they are apprehending their arrest, which cannot be justified. I agree with the submission advanced by the learned counsel for the petitioners. Accordingly, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Chakmaehsi P.S. Case No. 12 of 2008 corresponding to G.R. No. 371 of 2008, 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 C.J.M., Samastipur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)