IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1227 of 2009 1. Munna Mandal @ Bishundeo Mandal, 2. Hira Mandal, both sons of Late Jagarnath Mandal, village and PS Sangrampur, Dist. Munger .. Petitioners. Vs. The State of Bihar. 2 5.3.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners apprehend their arrest in a case under sections 376, 323/34 of the Penal Code and section 27, Arms Act. The petitioners are cousin brother-in-law (Bhaisur and Dewar) and the allegation is that they are said to have raped the complainant. Learned counsel for the petitioners submits that these two petitioners had deposed in a case under section 302 of the Penal Code and named Vijay Mandal, the husband of the complainant as one of the person who was involved in the murder of their father. Vijay Mandal has been summoned in the case under section 302 of the Penal Code and is in custody in the said case. Learned counsel submits that the complaint has been filed out of malice, after a delay of three days and the lady has not brought herself for being medically examined. It is further submitted that from paragraph 5 of the complaint petition it appears that the lady was trying to create ali bi on behalf of her Bhaisur inasmuch as she has stated that her husband is working out side the village. Considering the submissions aforesaid, the petitioners 2 are directed to be released on anticipatory bail in the event of their arrest or surrender within four weeks in Sangrampur PS Case No. 106/2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, subject to the conditions laid down under section 438(2) Cr.P.C. haque (Sheema Ali Khan, J.)