IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40278 of 2008 1. DEEPAK DAS @ DEEPAK KUMAR DAS 2. AJAY DAS @ AJAY KUMR DAS Versus THE STATE OF BIHAR ----------- 3/ 27/11/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Sections- 376/34 of I.P.C. and 3(xii) of S.C./S.T. (Prevention of Atrocities) Act. It is submitted from the addresses that the parties are neighbours. The forensic medical evidence does not support the allegations of rape. The assault is stated to have taken place inside the house witnesses by the sister-in-law of the informant. Learned counsel from the case diary refers that other relatives were present in the room and he is unable to explain why the I.O. has not recorded why they did not take steps to stop the same. Having considered the facts and circumstances of the case, let the petitioners above named surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail- bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Barsoi P.S. Case - 2 - No.102/2008, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J )