IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25383 of 2008 MAHENDRA RAM son of Late Tilak Ram YOGENDRA RAM son of Late Tilak Ram RAM BHAROS RAM son of Pachkauri Ram All resident of village- Chhourbi, P.S.- Baboo Barhi, District- Madhubani. Versus STATE OF BIHAR ----------- 4 11.11.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section 376 of the Indian Penal Code. The allegation against the petitioner no.1 is to the effect that he committed rape on the informant at about 12.30 hrs and the allegation against the petitioners no. 2 & 3 is to the effect that they also reached the house of the informant and on hulla being raised by the informant they came in the house and thereafter all the three persons started assaulting her husband, mother-in- law by fists and slaps. Thereafter witnesses came in the house. Learned counsel appearing for the petitioners submits that the above false case has been instituted against these petitioners, who are teachers, on account of land dispute as well as money transaction since the informant and accused persons are adjacent neighbour. It is further submitted that police after investigation - 2 - submitted the final form observing that there is dispute between the parties and save and except the informant, mother-in-law and the husband, no other witness has supported the case, however the learned Magistrate differed with the same and took cognizance of the offence. Learned Addl. P.P. appearing for the State on perusal of the case diary submits that save and except the family members other witnesses did not support the prosecution case. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner nos. 2 & 3, namely, Yogendra Ram & Ram Bharos Ram be released 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, Madhubani, in connection with Baboo Barhi P.S.Case No. 78 of 2007, G.R.No. 1890 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. So far as the petitioner no.1 namely, Mahendra Ram is concerned, in view of the nature of allegation levelled against him, I am not inclined to grant him the privilege of anticipatory bail. His prayer for grant of - 3 - anticipatory bail is, accordingly, rejected. However, on surrender in case any application for bail is filed on his behalf in the Court below, the same shall be considered on its own merit in accordance with law without being prejudiced by the present order. Manish/- ( Shailesh Kumar Sinha,J.)