IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28368 of 2008 1. DHIRENDRA MAHTO @ BIRENDRA MAHTO 2. SANJAY MAHTO BOTH SONS OF BINDESHWARI MAHTO, R/O VILALGE- SAHSOUL. P.S.- BASNAHI, DISTRICT- SAHARSA Versus STATE OF BIHAR ----------- 3 12/11/2008 Heard learned counsel for the petitioners and learned counsel for the State. Initially a complaint was filed against three accused persons who are full brothers and sons of Bindeshwar Mahto. The complaint was referred to police and the FIR was registered under sections 376/34 of the Indian Penal Code against the accused persons in which there is allegation of rape against the petitioners. Submission is that the complainant/informant is own aunt of the petitioners. It has come during investigation that she is aged about 50-52 years and supervising authority found that the villagers have not supported the prosecution case. Case is utterly false. The petitioners are in custody since 28.5.2008. Co-accused Raj Kumar Mahto has been admitted to bail vide order dated 24.4.2008 passed in Cr.Misc. No. 10130 of 2008. Considering the facts and circumstances of the case, the petitioners Dhirendra Mahto @ Birendra Mahto and Sanjay Mahto are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Saharsa in connection with Basnahi P.S. Case No. 42 of 2006. avin (Shyam Kishore Sharma, J.)