IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13455 of 2010 1. Makbool Hussain @ Makbool Haji, S/o Najar Mohammad. 2. Perwez Alam, S/o Makbool Hussain, Both are residents of Ishaque Chowk, Malkhurhar, P.S. Balua Bazar, District- Supaul. ………………Petitioners. Versus The State of Bihar …………………………..Opposite Party. For the petitioners :- Mr. Nafisuzzoha, Advocate. Mr. Md. Naushaduzzoha, Advocate. For the State :- Mr. Binod Kumar No. 3, A.P.P. ----------- 2. 17. 05. 2010. Heard the parties. In a criminal prosecution instituted for offences under Sections 324, 308, 376 and some other allied offences of the Indian Penal Code, though petitioners are named in the F.I.R. as accused, but allegation of entering into the house of the informant and allegedly committing outrage of her modesty, and subquently, allegedly committing rape upon her is against other co-accused persons, namely, Tanjeer Alam, Tanveer Alam and Manjoor Alam. The petitioners are said to be only members of the mob, who allegedly arrived at the alleged P.O. there and are said to have assaulted the informant and her uncle by lathi and a piece of wood. It is submitted by the learned counsel for the petitioners that as a matter of fact, Petitioner No. 1 had earlier lodged a case of murder vide Annexure-2, in which father and other family members of the informant are accused and father of the informant is still in judicial custody and, therefore, the present case was filed with all baseless and false allegation against the petitioners. From the materials available on record, it appears that 2 allegation of commission of rape was not found supported on medical examination of the informant, but admittedly that allegation is not against the petitioners. In view of the fact that both sides are neighbours and the petitioners are only alleged to have participated in the assault, in that view of the matter, in the event of their arrest/surrender in the court below in connection with Birpur P.S. Case No. 179/08 within a period of four weeks from today, the above named petitioners shall be enlarged 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., Birpur Camp Court, Supaul, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)