IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40509 of 2008 1. Md. Mumtaj S/o- Late Sk. Ulfat 2. Amina Khatoon W/o- Md. Mumtaj 3. Sk. Mansoor @ Sk. Maneer S/o- Late Ishaque 4. Sk. Gonu @ Sk. Ganoo S/o- Late Ishaque 5. Sk. Nasir @ Sk. Naseer S/o- Sk. Usman All are resident of village – Rautara, P.S.- Rautera, District - Katihar Versus STATE OF BIHAR ----------- 2. 19.11.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case for the offences registered under Section 436 of the Indian Penal Code. It is submitted that the present complaint in question which was filed as Rautara P.S. Case No. 125 of 2007 for ulterior purpose since prior to the filing of this case, petitioner no. 2 lodged a case against the father and uncle of the complainant vide Rautara P.S. Case 140 of 2007 for the alleged offence under sections 376 and 201 of the Indian Penal Code. As such, the present complaint has been lodged in retaliation of the - 2 - earlier case filed by the petitioner no. 2. He further submits that police after thorough investigation submitted that allegation against the petitioners is not true and submitted a final report. However, on protest petition filed by the complainant cognizance has been taken against the petitioners. Learned counsel for the State is not in a position to refute the submissions made on behalf of the petitioners. Considering 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 petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Katihar in connection with Complaint Case No. C.A. 2894 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)