IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24879 of 2009 1. RAMASHISH SINGH 2. Rajendra Singh 3. Sanjay Kumar Singh Versus The STATE OF BIHAR ------ 2/ 10.08.2009 Learned counsel for the petitioners seeks permission to withdraw the application against petitioner nos. 1 and 2, inasmuch as they have been arrested during the pendency of the application. Permission is accorded. Accordingly, the application is dismissed as withdrawn against petitioner nos. 1 and 2. Heard learned counsel for the petitioners and learned counsel for the State as well as Mr. Gagan Deo Yadav, learned counsel for the informant. In the case rape as well as execution of a deed is asserted. In the deed, petitioner is identifier. What the allegation is made appears not to be happened or committed in the way said by the informant. Theft is super addition. Considering the facts and circumstances of the case, the prayer of the petitioner no.3 is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Jainagar P.S. Case No. 28 of 2009 corresponding to G.R. No. 426 of 2009, above named petitioner no. 3 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of C.J.M., Madhubani subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)