IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52467 of 2008 Manoj Yadav, son of Late Bhim Lal Yadav, resident of Village- Bihari, Police Station- Palasi, District-Araria. Versus The State of Bihar. …………………..Opposite Party. ----------- 3. 12.02.09. Heard learned counsel for the petitioner and the State. The petitioner is an accused for offence under Sections 452, 376, 354/34 of the Indian Penal Code and under Section 3 and 4 of the Schedule Castes and Schedule Tribe (Prevention of Atrocities) Act. It is submitted that the prayer for bail of the petitioner was earlier rejected as per Annexure-1. It is submitted that criminal case in question was sent to the trial court under Schedule Castes and Schedule Tribe (Prevention of Atrocities) Act and the court is vacant for the last six months. Besides above material, it is submitted that F.I.R. was lodged by the neighbour alleging commission of rape on the wife of Dinesh Marandi, who did not lodge F.I.R. nor made any complaint and even the victim herself who is an elderly lady. However, she supported the fact in her examination under Section 164 Cr.P.C. Later on she filed an affidavited petition in the court below stating clearly that no rape has been committed on her and as a matter of fact, she is a pregnant lady. The petitioner is in custody since 22. 11. 2007. Learned A.P.P. for the State submits that there is allegation of rape on the victim, however neither she herself or her husband or any family member lodged F.I.R. - 2 - Considering the facts and circumstances of the case, the petitioner namely, Manoj Yadav, 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 the Ist Additional Sessions Judge, Purnea, in connection with Sessions Trial No. 662/08, Palasi Police Station Case No. 40 of 2001. m.p. (Shailesh Kumar Sinha, J.)