IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15680 of 2009 1. BHOLA DAS 2. Chandra Das Both sons of Sri Uchit Das, resident of village-Ramnipatti, P.S.-Babubarhi, District-Madhubani----------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 6.5.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that victim of the case is daughter-in-law of one brother and petitioners are sons of another brother having differences on the point of partition of ancestral property. So while the complaint was filed the same was sent for lodging F.I.R. After investigation the allegation was found false either of theft or commitment of rape. Even then cognizance is taken and petitioners are apprehending their arrest which in no case can be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Babubarhi P.S. case no.35 of 2008 , the above named petitioners shall be released 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 Chief Judicial Magistrate, Madhubani , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )