IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2533 of 2009 KAMLESHWARI YADAV S/O-Late Ram Swaroop Yadav, R/O-Vill-Karouta, P.S. & Distt.-Lakhisarai. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 27.02.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Initially the case has been registered on 1st April, 2008 under Sections 341, 354, 379/34 of the Indian Penal Code with regard to an occurrence dated 28th March, 2008. Vide order dated 07.04.2008 Section 376 of the Indian Penal Code has been added. The First Information Report is against unknown. Allegation is that while returning after check-up from a doctor of Lakhisarai the informant alighted from the train. While she was on way to her home then she was gang raped by some persons. Submission is that the case has been lodged after four days of the alleged occurrence and it was not under Section 376 of the Indian Penal Code. Later on the victim gave her statement under Section 164 of the Cr.P.C. in which she did not claim that she can identify any of the culprit rather she stated that she picked-up the names of the offenders because they were naming each other. - 2 - Considering every aspects of the matter two similarly situated accused namely Ram Balak Yadav (in Cr. Misc. No. 43889/2008) and Gautam @ Randhir Yadav (in Cr. Misc. No. 48245/2008) have already been enlarged on bail. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 125 of 2008. kksinha/ (Shyam Kishore Sharma, J.)