IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26803 of 2008 BASUDEO RAM & ANR Versus THE STATE OF BIHAR ----------- 2. 8.8.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Complaint Case No.CI-106/06 for the alleged offences registered under section 376 of the Indian Penal Code. It is submitted on behalf of the petitioners that the present F.I.R. was lodged for ulterior purposes since the petitioners had earlier filed two criminal cases against the complainant in which the complainant and her husband were convicted by the judgments, as contained in Annexures 4 and 5 to the supplementary affidavit filed today. It is further submitted that in the present case, the complaint on being sent to the police, it was investigated and the police submitted the final form recommending for prosecution of the complainant. However, on filing protest petition by the complainant, cognizance was 2 taken. However, on revision before the Sessions Judge, the same was remanded back as per Annexure 3 for further enquiry and again cognizance has been taken against the petitioners and as such they are apprehending their arrest. Considering the submissions, as noticed above, it is directed that petitioner no.1 Basudeo Ram and petitioner no.2 Laxmi Devi, respectively, in the event of their arrest or surrender in connection with Complaint Case No.CI-106/06, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)each with two sureties of the like amount each to the satisfaction of Sri R.C. Dwivedi, Judicial Magistrate, Ist Class, Sheohar (Sitamarhi), in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)