IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1956 of 2009 1.MD.KHURSHID @ SK.KHURSHID, son of Md.Jabbar 2.Md.Jamil @ Md.Jamil Hussain @ Md.Mojamil, son of Md.Sattar 3.Ibrahim Ansari, son of late Dhaga Ansari, All resident of village Raksha Rahimpur, P.S.Dhaka,Dist. East Champaran-----petitioners Versus THE STATE OF BIHAR--------------------opp.party ----------- 2. 01.05.2009 Heard learned counsel for the petitioners and learned Additional P.P. for the State. The petitioners pray for anticipatory bail in a case under Section 377 of the IPC. Learned counsel for the petitioners submits that the complainant being the owner and driver of the Tanga has falsely implicated these petitioners on account of the involvement of one Ram Babu Prasad, whose man the complainant is, in a rape case filed by a relation of one of these petitioners. It is further submitted that the story itself is unbelievable that such occurrence can take place at 6.30 P.M. near a public road in the month of July when there was sufficient light. It is urged that there is no medical report of the complainant in support of the allegation made by him. It is also contended that the parties have entered into a compromise and the compromise petition has already been filed in the court below. 2 On a consideration of the facts and circumstances of the case, it is directed that the petitioners, namely,(1) Md.Khurshid @ Sk.Khurshid (2) Md.Jamil @ Md.Jamil Hussain @ Md.Mojamil and (3) Ibrahim Ansari, in the event of their arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikerhana at Motihari, in connection with Complaint Case No. 406/06 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ramesh Kumar Datta,J.) spal/