IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4217 of 2009 NARAYAN SHARMA son of Binodi Sharma, resident of village-Dhamsaina, P.S.-Sour Bazar, Dist.-Saharsa. Versus STATE OF BIHAR With Cr.Misc. No.4218 of 2009 YOGENDRA SHARMA son of late Bhogilal Sharma, resident of village- Dhamsaina, P.S.-Sour Bazar, Dist.-Saharsa. Versus STATE OF BIHAR ----------- 2/ 18.3.2009 Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. Altogether two persons are named as accused in a case which has been registered under section 376/34 of the Indian Penal Code. The occurrence is of 15.3.2004 but for that complaint was filed on 20.3.2004. There is allegation that the petitioners have raped the complainant. The defence is that a complaint was lodged on behalf of accused-petitioner Yogendra Sharma against the full brother of the complainant’s husband. That occurrence was reported earlier to present complaint case. A Sanha No.1081 was also lodged on 21.8.2003 by petitioner Yogendra Sharma against the husband of the complainant mentioning therein that he may be implicated in false case in future. The petitioner Yogendra Sharma is an old man of 70 years and another petitioner Narayan Sharma is cousin of petitioner Yogendra Sharma. Petitioner Yogendra Sharma is related to the complainant and petitioner Narayan Sharma is a witness in the - 2 - complaint case filed by the petitioner Yogendra Sharma. Further it has been submitted that the complaint case filed by the complainant Leela Devi was dismissed on 14.3.2005. Later on the dismissal order was set aside in Cr. Revision No.181 of 2005. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Complaint Case No.243C of 2004. Md.S. (Shyam Kishore Sharma,J.)