IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1468 of 2009 1.SRI KRISHNAN @ NANTUN SINGH, son of Late Pasupati Nath Singh 2.SANJAY KUMAR, son of Bindeshwar Mahto 3.RANJAY KUMAR SINGH, son of Late Shiv Chandra Pd. Singh, All are resident of Village Narma, P.S. Hathauri, District Muzaffarpur ----Petitioners Versus THE STATE OF BIHAR ----------- 2. 23.3.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners, who are apprehending their arrest in connection with Hathauri P.S. Case No.104/07, is under section 376 of the Penal Code. It is submitted on behalf of the petitioners that the present case is arising out of the complaint filed by the informant Sita Devi wherein there is absolutely no allegation against these petitioners of committing the rape. The petitioners are implicated in this case during the investigation on account of her statement under section 164 Cr.P.C. Learned counsel submits that the complainant, who is the widow aged about 45-50 years, alleges with regard to the commission of rape. However, no case was ever lodged against any body much less against the petitioners. On the contrary, the specific allegation was against the named accused Bibhuti Kumar Sharma. It is further submitted that the complainant has also filed a petition in the court below stating therein that she does not want to pursue the matter so that no one can be harassed without any reason. The learned counsel for the State is not in a position to 2 refute the above submissions. Considering the facts and circumstances of the case, let petitioners no.1, 2 and 3 above named, in the event of their arrest or surrender in connection with Hathauri P.S. Case No.104/07, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)