IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39944 of 2009 1.LAL MUNI RAM SON OF SHIV NATH RAM. 2. MOHAN RAM SON OF NATH RAM. BOTH RESIDENT OF VILLAGE – DEOKALI, P.S. – MOHANIA, DISTRICT KAIMUR( Bhabua) Versus STATE OF BIHAR ----------- 02. 01.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 376/511 of the Indian Penal Code. It is submitted that there is specific allegation against the co-accused Srinath Ram who has been allowed bail. It is further submitted that the present complaint has been filed in retaliation of earlier complaint case filed by the petitioner against the husband of the complainant vide complaint case no. 331 of 2008 (Annexure-4). Notwithstanding the above, for the same occurrence, complainant filed a case vide Mohania P.S. Case No. 109 of 2008 in which after investigation, police charge-sheeted the co-accused Srinath Ram and did not file any charge sheet against these petitioners. However, on account of pendency of this complaint case, petitioners are apprehending their arrest. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a 2 period of four weeks from today, the petitioners, above named, 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 Judicial Magistrate, Ist Class, Kaimur (Bhabua) in connection with Complaint Case No. 345 of 2008 corresponding to Trial No. 2257 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish ( Shailesh Kumar Sinha, J.)