IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17353 of 2009 1. SUMIT KUMAR @ SUMIT KUMAR MANDAL 2. AMIT KUMAR @ AMIT KUMAR MANDAL ….. PETITIONERS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 01.09.2009 Heard both sides. Petitioners who are brothers approach this Court seeking anticipatory bail in a case instituted under Sections 363/366A and 34 of the Indian Penal Code. It is contended that the Police on completion of investigation, found the allegation to be totally untrue and unfounded. Accordingly, the Final Form was submitted on 15.01.2007. The same was considered and accepted by the Court. Subsequently, the matter was remitted back by the superior Court for fresh orders, whereafter cognizance has been taken. Learned counsel submits, in respect of the same occurrence, the informant had earlier lodged a case being Bihpur ( Bhawanipur) P.S. Case No. 03 of 2006 (Annexure-3). The victim was produced in the said case, who made statement under 164 Cr.P.C. in which she candidly said that she on her own left the house with kaushal Kishore Mandal. 2 Having regard to the submission advanced on behalf of the petitioner, this Court is persuaded to extend them the privilege of anticipatory bail. In the facts and circumstances of the case, the above named petitioners are directed to be released on bail, in the event of arrest or surrender within four weeks from the date of receipt/ communication of the order in the court below on furnishing bail bond 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 Falka (Pothia) P.S. Case No. 96 of 2006 subject to condition as laid down under Section 438 (2) of the Cr.P.C. P.K. (K.K. Mandal, J.)