IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30885 of 2008 BHOLA PASWAN & ORS Versus STATE OF BIHAR ----------- 2 08.09.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused in a case registered for the offence under sections 363, 364, 34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the present complaint has been lodged for ulterior purposes on account of serious enmity between the parties, which would be appearing on perusal of the first information report lodged by the petitioner no.3 against the informant for the offence under section 376 of the Indian Penal Code vide Annexure-5. It is further submitted that the uncle of the petitioner no.2 had also lodged a case against the informant and his family members for an offence under section 307 of the Indian Penal Code. Besides the above, it has been submitted that after investigation police submitted the final form finding the allegations not true, however the learned Chief Judicial Magistrate differed with the same and took cognizance. Learned Addl.P.P. opposes the prayer for bail, however he is not in position to refute the submissions made on behalf of the petitioners. 2 Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Bhola Paswan, Shambhu Paswan & Raj Kumari be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Babubarhi P.S.Case No. 94 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)