Pramod Sharma and anr. Vs. the State of Bihar

in the high court of judicature at patna criminal miscellaneous no.2367 of 2012 ====================================================== 1. pramod sharma 2. jitendra sharma .... .... petitioner/s versus the state of bihar .... .... opposite party/s ====================================================== coram: honourable mr. justice dinesh kumar singh oral order (per: honourable mr. justice dinesh kumar singh”25. 01-2012 heard learned counsels for the petitioner and the state. the petitioners are apprehending their arrest in a case registered under section 376 of the indian penal code and section 3(i) (x) of the sc/st (prevention of atrocities) act. in the f.i.r. the specific accusation of establishing forceful physical relationship is against rakesh. the petitioners were not named in the f.i.r. it appears that subsequently, in 164 cr.p.c. statement the victim developed this version that these petitioners, being the grandfather and uncle of main accused rakesh, rescued the main accused from the place of occurrence. non-naming of the petitioners in the fardbeyan clouds the bona fide of the subsequent accusation. considering the aforesaid facts, let the above named patna high court cr.misc. no.2367 of 2012 (2) dt.25-01-2012 2/2 petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, aurangabad in connection with obra p.s. case no. 28 of 2011 subject to the conditions as laid down under section 438(2) of the cr. p.c. (dinesh kumar singh, j.) amrendra/-