IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9118 of 2009 SHAMBHU KUMAR S/O SHANKAR RAI,R/O VILLAGE- BIKRAMPUR BANDEY, P.S.-SAMASTIPUR (MUFFASIL) DISTRICT- SAMASTIPUR Versus STATE OF BIHAR ----------- 3 12/05/2009 Heard learned counsel for the petitioner and State. The petitioner is an accused of a case which has been registered under sections 363 and 366A of the Indian Penal Code regarding the kidnapping of Anita Kumari. The informant is the maternal uncle of the victim. The victim in her detailed statement under section 164 Cr.P.C. has stated that how she has accompanied with the petitioner. She has traveled to different cities and she has suspected that while she was in unconscious then she might have been raped by the petitioner. Submission is that after investigation charge sheet has not been submitted under section 376 of the Indian Penal Code. The victim also merely expressed suspicion that the petitioner might have established physical relationship with her. The petitioner is a student preparing for various competitive examinations. During course of investigation it has come that the victim was having intimacy with the brother of the petitioner. Considering the incoherency in the statement of the victim, the petitioner Shambhu Kumar is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of the C.J.M./concerned Court, Samastipur in connection with Samastipur (Town) P.S. Case No. 600 of 2008. avin (Shyam Kishore Sharma, J.)