IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45666 of 2008 1. BRIJ BIHARI SHARMA son of Mod Narayan Sharma 2. MOD NARAYAN SHARMA son of Mahabir Sharma 3. RAGHUBANSH SHARMA son of Sheo Narayan Sharma & 4. GUDDU SHARMA son of Awadhesh Sharma All are residents of village- Koilwan, P.S.- Haspura District- Aurangabad. Versus STATE OF BIHAR ----------- 2 18.11.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under sections 376, 511, 120(B), 225 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the specific allegation of the alleged offence is against the co-accused Awadhesh Sharma and not against these petitioners and they are only alleged to have rescued the said Awadhesh Sharma when he was caught by the villagers. It is further submitted that the present first information report has been lodged for ulterior purposes since it appear that the complaints (Annexures- 4 & 5) were lodged by Awadhesh Sharma against the witness of the present case as well as the informant of the present case prior to the lodging of the present case. It is further contended that police after investigation submitted the final form indicating that the occurrence is not true, however the learned Magistrate differed with the same and took cognizance of the offence. - 2 - It is also submitted that cognizance has been taken against the accused Vidhyabhushan sharma who is witness in the present case and at whose instance the present first information report has been lodged. Learned Addl. P.P. appearing for the State opposes the prayer for bail, however he is not in position to refute the above submissions. 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 petitioners, above named, 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 Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Haspura P.S.Case No. 84 of 2007 ( G.R. No. 2087/07, Tr. No. 807/08) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)