IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12279 of 2010 1. AJAY DOM,son of Rajendra Dom 2. Rajendra Dom, son of late Dadan Dom 3. Munna Dom, son of Vicky Dom 4. Raj Kumari @ Raj Kumari Devi,w/o Rajendra Dom All resident of Mohalla-Sapna Cinema, near Vetnary College,P.S.-ara Nawada,District-Ara (Bhojpur). .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr. Manish Kumar-2,Advocate For the State :Mr. Parmeshwar Mehta,Addl.P.P. ---------- 02/ 06-05-2010 Heard the parties. In a criminal prosecution for the offence under Sections 366A and 376 of the Indian Penal Code, co-accused Vicky Dome is alleged to have established physical relationship with the informant/complainant-Baby Kumari on the allurement of marriage. The relationship between the informant/complainant and co-accused Vicky Dome is said to have continued for about one and half months, as a result of which the informant/complainant is said to have become pregnant. Petitioners are alleged to be only abettors of the crime in question. Learned counsel for the petitioners submits that, in fact, the informant/complainant is major and voluntarily she was having physical relationship with co-accused Vicky Dome. According to him, petitioners have not participated in any manner in the crime in question and even medical report of the informant/complainant does not support the prosecution allegation, as on her examination she was found not to be pregnant. 2 In that view of the matter and particularly in view of the fact that in the FIR (Annexure-1) there is no allegation of direct participation of the petitioners in the crime in question, in the event of arrest/surrender within a period of four weeks from today in Ara Nawada P.S.Case No.264 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur (Ara), subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure, till submission of the charge sheet only. If on close of investigation, the petitioners are not charge sheeted, yet cognizance is taken against them also, then the learned Magistrate would be obliged to confirm this bail order granted to them by this Court till submission of charge sheet. However, if the charge sheet is submitted against the petitioners also, then in that case they would be obliged to surrender in the court below and seek regular bail. AH/ ( Birendra Prasad Verma, J.)