IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36140 of 2009 1. Nandu Yadav S/O Late Kariya Yadav Vill.- Nayatola Jorabganj, P.S.- Korha, Distt.- Katihar 2. Makhan Yadav S/O Lalji Yadav Vill.- Nayatola Jorabganj, P.S.- Korha, Distt.- Katihar. ----------- Petitioners Versus 1. The State of Bihar 2. Rubina Kumari D/O Jamuna Yadav, Wife of Tarkeshwar Yadav Vill.- Nayatola Jorabganj, P.S.- Korha, Distt.- Katihar --------- Opposite Parties ----------- 2 4.11.2009 Heard Mr. Chittaranjan Sinha, Senior Counsel for the petitioners and counsel for the State as also Mrs. Soni Srivastava, learned counsel for the informant-opposite party no.2. Taking into account that the main accused Tarkeshwar Yadav alias Taleshwar Yadav facing direct allegation of raping the informant has already married the victim lady and Mrs. Sony Srivastava, learned counsel appearing on her behalf by filing an affidavit has stated that the case was filed by the informant opposite party no. 2 on some misunderstanding or under some family pressure, this Court having taken into consideration that the role of the petitioners is atbest one of aiding and/or abetting the offence, under Section 376 I.P.C., primarily 2 said to have been committed by Taleshwar Yadav, is inclined to grant bail to the petitioners, namely, Nandu Yadav and Makhan Yadav on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 110 of 2009. It is, however, made clear that one of the bailors must be a close family relative of the petitioners and in case the trial continues, the petitioners must remain present regularly and punctually and their absence even for two consecutive dates will entail automatic cancellation of their present bail. Their such bail shall also be liable to be cancelled in case the victim informant opposite party no. 2 files an application in the trial court alleging misbehaviour and/or deserting by her husband Taleshwar Yadav at any point of time. With the aforesaid observations/directions this application is disposed of. Rsh (Mihir Kumar Jha, J.)