IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31121 of 2009 MD. QAIYUM @ MD. ABDUL QUAIYUM, son of late Hafiz, resident of village Thapkola, P.S. Jokihat, District Araria Versus STATE OF BIHAR ----------- 3. 12.10.2009 Heard counsel for the petitioner and the counsel for the State. Considering the fact that the victim girl has already been recovered and in her statement u/s 164 Cr.P.C. she had made no allegation of any sort of physical relationship much less against her wishes as also the fact that the petitioner is in custody since 5th January, 2009, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Jokihat P.S.Case No. 2/2009, provided the petitioner has got no criminal antecedent except one criminal case recorded in paragraph 32 of the case diary pertaining to section 498A I.P.C. In other words, if he is involved in any other case he would not be granted bail. The petitioner shall remain present in course of trial and 2 that his absence on two consecutive dates shall entail the consequence of cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/