IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45351 of 2009 PRADEEP YADAV Versus STATE OF BIHAR ----------- 3. 13.05.2010 The case is under Sections 457, 376, 506/34 IPC and 3(ix) of SC/ST (POA) act against the petitioner and two others. The allegation in the FIR was that the 3 FIR named accused forcibly dragged away the victim and taking her near the bank of river, committed rape on her. Heard Bail prayer of the petitioner was earlier rejected twice by this Court vide orders dated 22nd October 2008 and 4th November 2009 under respective Cr.Misc. Nos. 26116 of 2008 and 16241 of 2009, in view of the allegation that the petitioner along with two others had committed rape on the victim. Learned counsel for the petitioner submits that in the trial court, as many as 5 witnesses have been examined, including the victim but none has supported the case of the prosecution regarding the complicity of the petitioner. Learned counsel referred to the deposition of the victim Amjana Kumari at Annexure-6 series. Anjana Kumari has stated in her evidenced that out of the criminals, she had identified only one accused Bablu Yadav and that she had named the other two on being stated by the villagers. Learned counsel submits that even the victim in her evidence in court does not say about the participation of the petitioner in commission of rape on her. Learned counsel further submits that the petitioner is in custody since 11th April 2008. Learned counsel submits that co-accused Prakash Yadav whose case is similarly situated has been allowed bail by this Court vide order dated 6th November 2007 under Cr.Misc.No. 39595 of 2007. Thus hearing and considering the facts and circumstances of the case, petitioner Pradeep Yadav is admitted to bail on his furnishing bail bond of s.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge, Katihar in Amdabad P.S.Case No. 30 of 2007. Jay/ ( C. M. Prasad, J )