IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57174 of 2007 ARUNJAY YADAV @ BHOLA Versus THE STATE OF BIHAR ----------- 3 7.5.2008 Heard. Petitioner is an accused in a case under section 366A/34 of the Indian Penal Code. Learned counsel submitted that the alleged occurrence of kidnapping took place on 4.6.2007. On 9.6.2007 the victim girl returned back home. She was produced before the police by her father. Her statement under section 161 Cr.P.C. was recorded in which she did not utter a word about sexual exploitation by the accused persons. He further submitted that on 12.6.2007 the statement of victim girl was recorded under section 164 Cr.P.C. and this time she stated that the petitioner and one Nagendra Yadav committed rape on her. Learned counsel further submitted that co-accused Nagendra Yadav has been allowed bail by another Bench of this Court in Cr.Misc.no. 46979/07 and the case of the petitioner is also similarly situated. - 2 - It appears that the petitioner is in custody since 12.7.2007. In the facts and circumstances of the case, the petitioner, namely Arunjay Yadav @ Bhola is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Haspura PS case no.43/07. AI (M.Saran, J)