IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11578 of 2009 1. DHARAMRAJ PRASAD KUSHWAHA, son of Ramashish Mahto 2. Nagendra Prasad Kushwaha, son of late Manshi Mahto 3. Girja Devi, wife of Dharamraj Prasad Kushwaha 4. Dhirendra Kumar Kushwaha, son of Nagendra Prasad Kushwaha 5. Subodh Kumar Kushwaha, son of Ramashish Mahto 6. Reshmi Devi, wife of Dhirendra Kumar Kushwaha 7. Arun Kumar @ Varun Kumar, son of Lal Babu Mahto All are residents of Champapur, P.S. Ramgadhwa, District-Motihari--------------- -----------------------------------------------------------------------petitioners. Versus STATE OF BIHAR with Cr. Misc. no.14043 of 2009 1. Ramashish Mahto, son of late Manshi Mahto 2. Lal Babu Mahto, son of Jamadar Mahto 3. Binod Prasad Kushwaha, son of Ramashish Mahto All are residents of Champapur P.S. Ramgadhwa, Distt.Motihari------------------- ---------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ------------------ 2. 17.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that the act of Diwakar @ Sujit Kumar of committing rape upon the daughter of Akhilesh Prasad Kushwaha was opposed by villagers including the petitioners. So, father of Diwakar, the present complainant, managed to make accused all the persons, who were assisting daughter of Akhilesh Prasad Kushwaha, in a case for offence under section 436 of the Indian Penal Code and Ramashish has been shown as order giver while Binod sprinkled kerosene oil and Lal Babu set the house on fire. This allegation is leveled by filing a complaint where there can be no forum to verify the fire. If that burns any article or premise and if that is taken with the act of the complainant then refusal of anticipatory bail of any of the petitioners cannot be justified. - 2 - I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Tr. No.2828 of 2008 arising out of Complaint Case no.337 of 2008, the above named petitioners of the two petitions 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 satisfaction of the S.D.J.M., Raxaul at Motihari , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )