IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4776 of 2009 MD.SHAUKAT, S/o Md. Mufajul Haque, resident of Village – Kouwa More, P.S. Barari, District – Katihar ……………………………. Petitioner Versus THE STATE OF BIHAR ………………. Opposite Party. ----------- For the Petitioner:- Mr. Bikramdeo Singh and Mr. Md. Musowir, Advocates. For the State:- Mr. Parmeshwar Mehta, A.P.P. ------------ 2. 11.02.2009. Heard learned counsel for the parties. Earlier the bail application of the petitioner was rejected on 06.08.2008, vide Annexure-1, with the liberty to renew the prayer for bail after expiry of six months. Learned counsel for the petitioner submits that the victim girl was not examined under Section 164 Cr.P.C. In her statement recorded under Section 161 Cr.P.C., as has been noticed in the earlier order dated 06.08.2008, she has not stated anything about commission of sexual offence or assault upon her. The first information report was lodged two days after the alleged date of occurrence. Further that the victim girl has stated in her statement recorded under Section 161 Cr.P.C. that she was being taken to many places and thus learned counsel for the petitioner submits that there were ample opportunities for her to raise alarm but she did - 2 - not. Further submission is that the petitioner is in custody since 13.02.2008. Learned Additional Public Prosecutor on behalf of the State submits that on earlier occasion the prayer for bail was rejected, of course, with the observation to renew the prayer for bail after expiry of six months. In the facts and circumstances of the case and in view of the submissions made on behalf of the parties, let the petitioner, namely, Md. Shaukat be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, District - Katihar in connection with Barari P.S. Case No. 12/2008. dk ( Dr. Ravi Ranjan, J. )