IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35721 of 2010
PHULESHWAR YADAV & ANR
Versus
STATE OF BIHAR
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2 18.11.2010 Heard learned counsel for the petitioners as well as learned
counsel for the State.
Initially Chandi P.S. Case No.162 of 2008 was
registered under Section 376 as well as other sections of the I.P.C.
and the police after due investigation found the case untrue, but a
protest petition was filed and the case was proceeded on the basis
of aforesaid protest petition and subsequently cognizance under
Section 376/34 and 379/34 of the I.P.C. was taken.
Admittedly, having similar allegation some co-accused
persons have already been granted privilege of anticipatory bail by
another bench of this Court.
In the aforesaid circumstance petitioners, namely, (1)
Phuleshwar Yadav and (2) Upendra Yadav, in the event of their
arrest / surrender within 30 days from the date of communication
of this order to the concerned court in connection with Complaint
Case No.675 C of 2009, shall 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 learned Additional Chief
Judicial Magistrate, Hilsa (Nalanda), subject to conditions as laid
down under Section 438(2) of the Cr.P.C.
( Hemant Kumar Srivastava,J.)
PN/-