IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35920 of 2010 1. Fazlu @ Fazla, son of Arsad Ali 2. Md. Nasir @ Nasir @ Najir @ Nazer, son of Nausad Ali 3. Md. Ismail @ Ismail, son of Mqral 4. Waidul @ Wahidul son of kalu 5. Md. Sultan @ Sultan,son of Paniruddin. All are residents of village – Dangabari Parlabari, P.S. – Pharkatta, Distt. – Kishanganj. ------ Petitioners. Versus THE STATE OF BIHAR ----- Opposite Party ------- 02. 29.10.2010 Heard learned counsel for the five petitioners and learned Additional Public Prosecutor for the State. Petitioners are named accused in this complaint case with allegation that they have got released another non-petitioner who committed rape upon the complainant, not only on the date of occurrence alone rather on earlier occasions also. 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, petitioner, namely, Fazlu @ Fazla, Md. Nasir @ Nasir @ Najir @ Nazer, Md. Ismail @ Ismail, Waidul @ Wahidul and Md. Sultan @ Sultan, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 946/2009, 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. Rajeev/ (Akhilesh Chandra, J.)