IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22434 of 2009 1. Punam Kumari, W/o-Sri Murari Singh. 2. Murari Singh, S/o-Late Jang Bahadur Singh. Both resident of village-Shamho Sarlahi, P.S.-Shambho, P.O.-S.S. Barari, District-Begusarari. -Petitioners. VERSUS The State of Bihar -Opposite Party. ----------- 02 10.08.2009 Petitioners are husband and wife and are teachers. Petitioner no. 1 at the material time was the English teacher in Air Force Central School, Bihta, Patna. Petitioner no. 2 is her husband and was a Lecturer in Geography at the material time in an affiliated college at Siwan where he still continues. On 20.09.2004 a complaint was filed against the petitioners inter alia alleging that on 16.09.2004 at Samastipur the complainant was working in the house of petitioner no. 2 when he tried to rape her and abused her by her caste name. Upon the said allegation the complaint was being filed on 20.09.2004. The same was referred for investigation on 10.10.2004. Police thus instituted the present case i.e. Samastipur Sadar SC/ST P.S. Case No. 96/2004 under Sections 376/511, 323/34 of the I.P.C. and Section 3(x)(xi) of the SC/ST Act. On behalf of petitioners, it is submitted that they have been falsely implicated in this case. It is also submitted that when the police instituted the case and took up investigation they went to the alleged house of the complainant, who is the wife of one Ashok Ram, he did not find any person by those name at that time then took a certificate from the local Mukhiya who certified that people of such name are not existed there. This certificate is dated 19.01.2005. It appears that on 27.02.2006 an application for withdrawal of the case was filed by the 2 same advocate who had earlier filed the complaint on behalf of the complainant. The application was kept on record and virtually the case closed but no formal orders passed. It is further submitted that even while the anticipatory bail application was pending before the Sessions Court notices were issued to the complainant special messenger was sent but none to trace out the complainant. Petitioners state that petitioner no. 1 was transferred to Bihta as a full time teacher in the Air Force Central School where she was and is working in November 2003 itself. Earlier she was in the Central School at Samastipur. Her husband petitioner no. 2 at that time and presently is a Lecturer in an affiliated college at Siwan, in fact, at that time neither they were residing at Samastipur. The case has been probably lodged at the instance of the Principal, Central School, Samastipur, to whom petitioner no. 1 had serious disputes which had led to lodging to a case by petitioner no. 1 against the Principal in the year 2003 itself. Now the Police have started searching for the petitioners and as such they have apprehension of arrest. In the facts and circumstances, as noted above, in event of arrest/surrender within four weeks from today, the above named petitioners shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of C.J.M., Samastipur in connection with Samastipur Sadar SC/ST P.S. Case No. 96/2004, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.) 3