IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10124 of 2009 ACHEYLAL BHAR @ AKSHAY LAL BHAR S/O-Ramrajbhar, R/O-Vill- Narkatiya, P.S.-Nautan, Distt.-Siwan. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. ----------- 2/ 13.05.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for offences under Sections 498 and 379/34 of the Indian Penal Code. The petitioner along with his full brothers and other male family members have been made accused on the allegation that they have enticed away the informant’s daughter along with her four years old girl. The statement of the victim (informant’s daughter) has been recorded under Section 164 of the Cr. P.C. in which she has alleged that she has been raped by the accused persons. 2 Submission is that after investigation, charge sheet has not been submitted under Section 498/379/34 of the Indian Penal Code. Further submission is that it is improbable that full brothers at a time will commit rape with a lady. Considering the facts and circumstances of the case, the above named petitioner is directed to be released 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, Siwan/concerned court in connection with Nautan P.S. Case No.- 96 of 2007. kksinha/ (Shyam Kishore Sharma, J.)