IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26700 of 2010 RUPESH KUMAR Versus STATE OF BIHAR with Cr.Misc. No.28141 of 2010 MONU @ MANORANJAN @ MANORANJAN KUMAR Versus STATE OF BIHAR ----------- 2 27.8.2010 Both these applications are taken up together for hearing. Heard counsel for the petitioners and the State. The petitioners are accused in a case under sections 363, 366, 376, 420/34 of Penal Code. It is alleged that the victim girl Saneha Rani married with one Deepu Thakur. Thereafter, she separated from him and solemnized her second marriage with one Sanjay Thakur. It is further alleged that accused Jitendra Kumar kidnapped her and kept in the house of accused Monu @ Manoranjan. Thereafter, she was subjected to rape by the accused Jitendra Kumar, Rupesh Kumar and others. Learned counsel for the petitioner submits that the victim girl in her statement recorded under section 164 Cr.P.C. has not named these petitioners rather she stated that she had solemnized marriage with one Udai Shankar and expressed her desire to live with him. He further submits that co-accused Jitendra Kumar having similar allegation to that of the petitioners has been granted bail by a bench of this court by order dated 2 KHAN 2.8.2010 passed in Cr.Misc.No.24604 of 2010. The petitioners are in custody since 22.5.2010. Considering the facts and circumstances of the case, the petitioners Rupesh Kumar and Monu @ Manoranjan @ Manoranjan Kumar are directed to be released on bail in connection with Ahiyapur P.S. Case No.196 of 2010 on furnishing bail bonds of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur subject to the conditions that they will not absent themselves in the court below for two consecutive dates till three witnesses are examined in trial. (S.P.Singh,J)