IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32679 of 2009 1. BIHARI RISHIDEO 2. Laxmi Rishideo Both sons of late Zero Rishideo, resident of village Siswa Rahikapur, P.S. Bausi (Raniganj), District Araria Versus STATE OF BIHAR ----------- 2. 16.9.2009 Heard counsel for the petitioners and the counsel for the State. The delay in filing of the complaint petition of full one month alleging offence of committing rape by the petitioners and one Kishori Rishideo by itself would create a serious dent in the prosecution case. None-the-less such belated complaint was sent for institution of police case under the orders of the Magistrate and the police also found no material at least with regard to allegation of rape and submitted a charge sheet only u/s 504 I.P.C. It appears that thereafter the learned Magistrate had differed with the police report and found the case to be u/s 376 I.P.C. as well. All these aspects were gone into by this Court while considering the bail of co- accused Kishori Rishideo whose case stands on identical footing as that of these two 2 petitioners. Thus, taking into account the order of this Court dated 23.3.2009 in Cr.Misc.No. 4786/2009, this Court would direct for release of both the abovenamed petitioners on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of A.D.J., F.T.C.II, Araria in S.Tr.No. 481/2009 arising out of Raniganj P.S.Case No. 276/2009, subject to the condition that both the petitioners shall not only remain present in course of trial, but would ensure that the trial itself is disposed of without any impediment. (Mihir Kumar Jha,J.) Surendra/