IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38647 of 2009 1. SHANKAR YADAV, SON OF SRI RAM PUKAR YADAV @ PUKAR YADAV. 2. UMESH YADAV, SON OF SIRO CHAND YADAV. RESIDENT OF VILLAGE-BHARPURA, TOLA CHAUCHAHI, P.S. BIBHUTIPUR, DISTRICT- SAMASTIPUR……………………………..PETITIONERS. Versus THE STATE OF BIHAR…………….OPPOSITE PARTY. --------- For the Petitioners : Mr. Sita Ram Yadav, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ---------- 2. 12.11.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 323, 342, 376/511 of the Indian Penal Code besides Sections 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted on behalf of the petitioners that the petitioners have been implicated in this case due to previous enmity. Earlier, the father of petitioner no.1, Ram Pukar Yadav @ Pukar Yadav, had filed a Title Suit against Mina Devi, who is one of the witnesses in the complaint case. It - 2 - is further submitted that due to that dispute this complaint case has been instituted which was further referred to the police for investigation and upon which the First Information Report was drawn. Learned counsel for the petitioners files supplementary affidavit to demonstrate that charge sheet has been submitted in this case under Sections 456, 354, 504/34 of the Indian Penal Code and Sections 3(i) (V) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, however, during the course of investigation, the allegation of attempt of rape was found untrue against the petitioners. Thus, charge sheet has not been submitted under Sections 376 of the Indian Penal Code. The petitioners are stated to be in jail custody since 27.7.2009. It has further been submitted that the allegation of attempt of rape against the petitioners was only ornamental. Learned A.P.P. for the State submitted that apart from other allegations, there is allegation of attempt of rape also upon the petitioner no.1. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Shankar Yadav and (2) - 3 - Umesh Yadav, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Rosera, District-Samastipur, in connection with Bibhutipur Police Station Case No.04/09. P.S. (Dr. Ravi Ranjan,J)