1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.146 of 2010 1.RAM PHAL RAI SON OF LATE JHAPATI LAL RAI 2.BISHOTI RAI SON OF CHOTBAI LAL RAI BOTH RESIDENT OF VILLAGE KHARI,P.S.AMOUR,DISTT.PURNEA Versus STATE OF BIHAR For the petitioners : Mr.Ram Prawesh Kumar For the State : Md.Addl.P.P. ----------- 2/ 1.2.2010 Heard learned counsel for the parties. The petitioners apprehend their arrest in a case which was initially instituted on the basis of complaint which on being referred to police resulted in the present first information report for offences under Sections 376, 120(B) and some other Sections of the Indian Penal Code. The complainant/informant has alleged that she was rapped by these two petitioners and others namely, Suren Rai and Narayan Rai. Learned counsel for the petitioners has produced certified copy of order dated 1.5.2004 passed by Chief Judicial Magistrate, Purnia from which it appears that in the present case, the police after investigation, submitted chargesheet showing these two petitioners “not sent up for trial”. He also produced Xerox copy of judgment dated 29.5.2009 passed in Sessions Trial No. 1093 2 of 2002 in which after trial, the co-accused Suren Rai alias Suren Harijan has been acquitted. Considering the facts and circumstances of the case, let the above named petitioners, in the event of arrest or surrender within twenty days from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Purnea in Amour P.S.Case No. 80 of 2001 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Both the aforementioned order and judgment filed by learned counsel for the petitioners in course of argument shall remain on record. Tahir/- ( Shyam Kishore Sharma, J.)