IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45714 of 2008 MAHTAB @ HABIB S/O MD. MUMTAJ, R/O VILLAGE- KAKO, P.S.- KAKO,DISTRICT- JEHANABAD AT PRESENT GOURIYA TOLA, P.S. KOTWALI, DISTRICT- PATNA Versus STATE OF BIHAR ----------- 4 24/02/2009 Heard learned counsel for the petitioner and State. The petitioner is named accused of a case which has been initially registered under sections 341, 342, 376/34 of the Indian Penal Code on 29.9.2007. Later on vide order dated 9.10.2007 sections 3(xi)(2) (V) of the Prevention of Atrocities on SC/ST Act was added. It appears that the prosecutrix of the case is a uncared girl. She has traveled to different places. She had gone to Delhi. Later on she went to Kanpur then to Patna. She alleged that one of the persons has established physical relationship with her. He disclosed that his name is Mahtab. Submission is that the petitioner is not associated with the offence. A criminal will not disclose his name to the victim. The best course for the I. O. is to put the petitioner on TIP but the petitioner has not been put on TIP so it is impossible to say that the petitioner is the person who has committed offence. The petitioner is in custody since 29.4.2008. Considering the facts and circumstances of the case, the petitioner Mahtab @ Habib is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the - 2 - C.J.M., Patna in connection with Kotwali P.S. Case No. 406 of 2007. avin (Shyam Kishore Sharma, J.)