IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.33949 OF 2009 1. MD.RAKIB, SON OF BAUNA KAMAL @ MD. MOULA BAKS 2. MD. RAGIB @ PINTU, SON OF BAUNA KAMAL @ MD. MOULA BAKS 3. BIBI HUSNI, WIFE OF BAUNA KAMAL @ MAULA BAKS 4. BIBI NARGISH, WIFE OF RAKIB ALL RESIDENT OF VILLAGE BELGACNCHI, POLICE STATION BAISI (DAGARWA), DISTRICT PURNEA ………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 07/11/2009 Heard learned Counsel for the petitioners, the informant and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 376, 313, 342, 468, 420, 504, 506, 120B of the Indian Penal Code. The allegations against the petitioners are that they kept the informant in confinement from 17.12.2008 to 17.01.2009 and they committed rape and it is also stated that she gave birth to a baby child. It is interesting to note that the informant Bibi Shammo filed a case against her husband under Section 498A of the Indian Penal Code on 05.01.2009 and it is submitted that obviously the complainant could not be kept in confinement during the aforesaid period if she was appearing before the Court to file a case against her husband. It is further submitted that the petitioners 1 - 2 - and 2 infact were the witnesses in the case which was filed against her husband. It is further submitted that the compromise has taken place with her husband and they are living together. They have filed a case against the witnesses and the wives of the witnesses in order to pressurize them and gain advantage for some ulterior motive. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Baisi (Dagarwa) Police Station Case No. 74 of 2009 on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)