IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27382 of 2008 MD. ALAMGIR Versus STATE OF BIHAR ----------- 4. 22.12.2008 Heard Mr. Ajay Kumar Ambastha, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case has been registered under various sections of the Indian Penal Code including sections 376 and 366A of the Penal Code. The allegation is that two persons gagged the lady to Katihar and committed rape upon her for several days. The case diary is received and the most magic feature is that the statement of the victim appears not recorded by the investigating officer nor any attempt was made by him to get the statement recorded through any Magistrate. The lady appears making statement to her family members and that appears from the F.I.R. as also from the statement of her sister and others. But the learned Addl. Sessions Judge, who was hearing the trial of the case, also appears ignoring the fact and does not appear cross-examining the petitioner. The lady has denied the allegation that she was taken away and raped. All material witnesses have been examined as appear from the supplementary affidavit. Let petitioner named above 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 the Ist Addl. Sessions Judge, Katihar, in connection with S.T. no.53 of 2008 arising out of Mansahi P.S. case no.42 of 2007. sudip ( Dharnidhar Jha,J )