IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21316 of 2009 1. RAJ KUMAR YADAV @ RAJO YADAV 2. SANJEET YADAV @ SANJEET KUMAR YADAV ------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 31.7.2009 Heard learned counsel for the petitioners and the State. Petitioners have been alleged about committing rape upon the complainant which is denied on the ground that they are full brothers of complainant’s father in law. Earlier a piece of land was transferred by complainant’s father in law Bhuneshwar Yadav in petitioners’ favour which was being opposed by all the family members of Bhuneshwrar Yadav and to make the pressure this false case is lodged that is why she was not examined by any doctor as there was no sign of rape and more over rape or attempt to rape by two full brothers upon the complainant-daughter in law is not probable even petitioners are apprehending their arrest which never can be justified. I agree with the submission. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of - 2 - communication of this order, the above named two 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 Additional Chief Judicial Magistrate, , Rosera (Samastipur) in Complaint Case (C.R) No.1177 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI