IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7743 of 2008 UMESH MAHALDAR & ORS Versus STATE OF BIHAR ----------- 2. 7.5.2008 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The three petitioners pray for anticipatory bail in a case under Sections 376/511,225 and 323 of the Indian Penal Code. The allegation in the protest-cum-complaint petition is that one Suboth Mahaldar attempted to commit rape upon the complainant while she was alone in the house at night and when the said accused person was caught and was being taken to the police station the next morning the other accused persons including these three petitioners came there and rescued him on the point of gun. Learned counsel for the petitioners submits that the case is out and out false and no such occurrence has ever taken place and the police also after proper investigation found the same to be false and submitted final form in the matter. It is further submitted by learned counsel that the present case was filed several months after the complaint Case No. 1439/06 lodged by the wife of main accused, Subodh Mahaldar in which the son of the present complainant was also an accused under Sections 323, 225, 504, 376/511 of the Indian Penal Code which was sent by order dated 26.7.2006 of the Chief Judicial Magistrate, Katihar to be registered as police case. It is thus, submitted that the present case as has been found by the police also, is totally false and concocted. 2 On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Umesh Mahaldar, (2) Dev Lal Sharma @ Deo Lal Mistri and (3) Shree Chandra Sah @ Shree Chand Sah, in the event of their arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties each of the like amount each in connection with C.A. No. 714/2007 to the satisfaction of Shri S.P.Mishra, Judicial Magistrate, 1st. Class, Katihar, subject to other applicable conditions laid down under Section 438(2) Cr.P.C. S.Pandey. (Ramesh Kumar Datta, J.)