IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8465 of 2009 1. SHIVCHANDRA PRASAD, S/o Mahendra Prasad 2. Shambhu Prasad, S/o Rajendra Prasad Versus The STATE OF BIHAR ------ 2/ 10.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that the rape committed upon the complainant was reported. Police investigated the allegation and found the same false but a protest was there. According to the learned counsel for the petitioners, no such incident even took place. After assertion of the complainant, this case was not supported by the Police. The Court only took cognizance for the offence under Section 376/511 of I.P.C. This much of the fact is controverted by the learned counsel for the complainant on the point that there was clear and specific allegation regarding commitment of the rape against one Shiv Chandra. So, cognizance has been taken for the offence under Section 376/511 of I.P.C., only. Considering the facts and circumstances of the case, petitioner’s arrest at the moment cannot be justified. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 2393 of 2005, Minapur P.S. Case no. 328 of 2004, 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 2 satisfaction of C.J.M., Muzaffarpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)