IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38352 of 2009 MD.NAZIR AHMAD @ KHAN SON OF LATE MD.JUMRATI RESIDENT OF MOHALLA MARIPUR,P.S.KAZI MOHAMMADPUR,DISTT.MUZAFFARPUR Versus STATE OF BIHAR with Cr.Misc. No.41431 of 2009 VINOD SINGH SON OF LATE RAM CHANDRA KUNWAR RESIDENT OF VILLAGE PAHEPUR,P.S.SAMASTIPUR,DISTT.SAMASTIPUR Versus STATE OF BIHAR For the petitioners : M/s Ajay Kumar Thakur and Bhavesh Kumar For the State : Mr. Addl.P.P. ----------- 4/ 8.2.2010 Learned counsel for the petitioner of Cr.Misc.No. 38252 of 2009 is permitted to make necessary corrections in the application. Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. The petitioners are accused in a case which has been registered for offences under Sections 376 and 372/34 of the Indian penal Code. Informant Kanchan Kumari has alleged that petitioner Vinod Singh, younger brother of her borhter-in-law, came and told that his brother Dinesh Singh is hospitalized in Darbhanga, so she was sent by her mother with petitioner Vinod Singh. She was taken to 2 Samastipur where she was raped by Vinod Singh. Subsequently, others have also committed rape upon her. Gopal Paswan and one another persons were also involved in the commission of the offence. Submission is that she has been examined as a witness in trial in which she has stated that she was raped by Gopal Paswan and petitioner Md.Nazir Ahmad but she has made wrong identification of the persons. She has identified Gopal Paswan but he was Md.Nazir Ahmad. Considering the facts and circumstances of the case, let both the above named petitioners 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 Additional Sessions Judge, Fast Track Court No.IV, Begusarai in Sessions Trial No. 106 of 2009. Tahir/- ( Shyam Kishore Sharma, J.)