IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45455 of 2009 1. MD.SAFI AHMAD KHAN @ KALE KHAN 2. MD. RAFI AHMAD KHAN BOTH SONS OF LATE KABIR KHAN, RESIDENT OF VILLAGE PUPRI, P.S. PUPRI, DISTRICT SITAMARHI. ---- PETITIONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 23.2.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are apprehending their arrest in a case under Sections 376, 448 and 504/34 of the Indian Penal Code. This case has been instituted on a written report of Matina Khatoon who is said to be married to Md. Samsay Khan. The mother of Samsay Khan is the own sister of these two petitioners. The relationship between mother-in-law and Matina Khatoon is not good for the reason that Matina Khatoon has left her earlier husband and is living with her son which is not acceptable to the mother-in-law. The dispute has arisen because the mother-in-law has protested that she would not keep Matina Khatoon in her house. As a result of this dispute, the petitioners have been made accused in this case. The police has submitted final form. The Court differing with the final form and has taken cognizance. Taking the aforesaid facts into consideration, I direct that the petitioners Md. Safi Ahmad Khan alias Kale Khan and Md. Rafi Ahmad Khan be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Pupri P.S. Case No. 136 of 2006 on furnishing bail bonds of rupees 2 ten thousand each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Pupri, Sitamarhi subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)