IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11037 of 2010 RAMESHWAR ROY,s/o Late Kali Roy, Village- Tankupa,P.S.-Wazirganj,Distt.-Gaya (Bihar). .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Ram Kumar Singh, Advocate For the State :Mr.Anuj Kumar Shrivastava, Addl.P.P. ------------ 02/ 26-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Wazirganj (Tankupa) P.S.Case No.201/2009 dated 01-10-2009, registered under Sections 376/380 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that he is not named in the FIR. FIR has been lodged against co- accused-Kallu, who happens to be son of the petitioner. Though there is serious and specific allegation of commission of rape against co-accused-Kallu, but petitioner has not been shown any way responsible for commission of the crime in question. By referring to Annexure-2, the statement of the victim recorded under Section 164 Cr.P.C., it is submitted that even there petitioner has neither been named as an accused, nor suspicion has been raised against him and allegation is only against co-accused- Kallu. However, during course of investigation, on the basis of some vague statement of some witnesses, petitioner is sought to be arrested by the police. Be that as it may, in view of the fact that the petitioner 2 has neither been named in the FIR vide Annexure-1, nor there is any allegation against him in the statement of the victim lady recorded under Section 164 Cr.P.C., in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)