IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33652 of 2009 DINESH MAHATO son of Sri Ramdeo Mahato, resident of village Kumbhiyatari, P.S. Fatehpur, District Gaya, … Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: M/s A.K. Thakur and Prithvi Raj Sinha, Advocates For the State : Mr. R.P.S. Singh, A.P.P. For the Informant : Mr. Sandeep Kumar, Advocate ----------- 4 25.11.2009 Heard learned counsel for the petitioner, the State and the informant. The petitioner is an accused in a case registered under sections 341, 323, 342, 376, 379 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that earlier, the wife of the petitioner was selected for Anganwari Sevika. However, the informant, who is Mukhia of the concerned Gram Panchayat, did not allow her to join. Thereafter complaint was made and ultimately, upon the order of the superior authority she has now been allowed to join. This was the reason of the dispute and for that the petitioner has been implicated in this case. From perusal of the first information report, it would be apparent that the allegation of committing rape is against accused Satyendra Yadav and not against this petitioner. So far this petitioner is concerned, allegation is that he along with one 2 co-accused Sia Saran Yadav had snatched a Nokia mobile and twenty five thousand rupees. The petitioner is stated to be of clean antecedent and is in custody since 4.8.2009. Learned counsel for the informant submitted that the petitioner was also along with Satyendra Yadav, who had committed rape upon the informant, who is Mukhia of the concerned Gram Panchayat and, as such, he is covered under Explanation (1) of sub-section 2(g) of Section 376 of the Indian Penal Code and, thus, he would also be held equally responsible for the commission of the crime. Learned counsel for the State also submitted that though the allegation of rape is against accused Satyendra Yadav, but the allegation upon the petitioner is that he snatched twenty five thousand rupees and a Nokia Mobile along with co- accused Sia Saran Yadav. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Fatehpur Police Station Case No. 133/2008 SC ( Dr. Ravi Ranjan, J.)