IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16735 of 2009 MD.ILLIYASH Versus THE STATE OF BIHAR **** /4/ 07.09.2009 Heard both the sides. 2. Petitioner seeks bail in a case instituted under diverse section, including Sections 366A and 376 of the Indian Penal Code. 3. Three girls of different age groups were allegedly kidnapped. They subsequently returned home. Their statements were recorded under Section 164 of the Criminal Procedure Code. It appears there from that they named co-accused, Md. Naushad, and his brother as the persons who were instrumental in kidnapping them and subjecting them to forcible sexual assault. Learned counsel submits that there is no allegation of rape against the petitioner, Md. Illiyash, in their respective statements. It is, next, contended that co-accused, namely, Md. Miraj, Md. Tamij and Ahiya @ Hay, has been released on bail by this Court under order, dated 27.09.2006, passed in Cr. Misc. No. 37885 of 2006. Record of the said case is before the Court. 4. Learned counsel appearing on behalf of the State 2 does not dispute the aforesaid submission made on behalf of the petitioner. Petitioner is in custody since 13.02.2009. 5. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Dandkhora P.S. Case No. 14 of 2006 to the satisfaction of Sri V. Sinha, Judicial Magistrate, 1st Class, Katihar, subject to the condition that one of the bailors of the petitioner shall be own/close relative. S.A. (Kishore K. Mandal )