IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53494 of 2007 MINTU KUMAR & ANR Versus STATE OF BIHAR ----------- 3. 13.5.2008. Heard the learned counsel for the petitioners and counsel appearing on behalf of the State. The petitioners are accused in a case under Sections 376/511 of the Indian Penal Code and Sections 3(1) (X) (XI) of the Scheduled Caste and Scheduled Tribe Act. The allegation is that the informant and his daughter were returning from a marriage when the petitioners are said to have caught hold of the informant’s daughter and it is said that the petitioners tried to commit rape. It is further said that the informant protested and raised hue and cry and some villagers gathered and the petitioners alongwith some other were identified in the ‘Torch’ light. Learned counsel for the petitioners submits that the petitioners have been made accused out of personal vendetta. In fact, a complaint case was lodged as the police refused to accept the allegations made by the informant. The parties had earlier compromised this matter and thereafter, after three years the complaint petition was sent to the police for institution of a case. Learned counsel for the petitioners submits that the petitioners have been deliberately made accused due to caste rivalry and it is a case under Section 354 of the Indian Penal Code. The petitioners have remained in custody since 19.9.2007. Considering the period of custody, the petitioners Mintu - 2 - Kumar and Amalesh Kumar @ Amaresh Kumar @ Amalesh Rai are directed to 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 the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur SC/ST P.S.Case No. 193 of 2004. U.K. (Sheema Ali Khan,J)