IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16332 of 2010 1.MD. SAUKAT, S/O Md. Shekhabat 2.MD. HANIF, S/O Md. Karamat 3.MD. SATTAR, S/O Md. Khalil 4.MD. JAHIR, S/O Md.Imam 5.MD. SATTAR, S/O Md. Ahmad All R/O Village Phooltora, P.S. Alauli, Distt. Khagaria …………..Petitioners. Versus THE STATE OF BIHAR ………Opposite party. ----------- 03. 28.07.2010 Heard learned counsel for the five petitioners and Additional Public Prosecutor for the State. The petitioners are named accused in the case instituted on the basis of Complaint Case No. 1102 C of 2008 under Section 376/511 of the Indian Penal Code, where in after investigation police submitted final form with recommendation to take action under Section 182 and 211 of the Indian Penal Code against the complainant-informant. However, court below took a different view and cognizance was taken against the petitioners, who carry allegation of making unsuccessful bid to commit rape upon the complainant- informant, as alleged only in retaliation of a case filed against them by father of the complainant-informant. All the parties are related to each other. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Md. Saukat, Md. Hanif, Md. Sattar, Md. Jahir and Md. Sattar, are directed 2 to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 138 of 2008, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra,J.)