IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18408 of 2008 PANKAJ YADAV Versus STATE OF BIHAR ----------- 3 12/09/2008 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is an accused of a case which has been registered under sections 302, 376, 201/34 of the Indian Penal Code. Informant’s sister Poonam Kumari was taken away from the house while she was sleeping. She was raped and killed. She was aged about 8-9 years. The FIR was registered against unknown. Submission is that the petitioner is not named in the FIR though he is of the same village of which the informant belongs. Name to the petitioner has come after a long lapse i.e. after more than one year of the occurrence when one of the witnesses has stated that he has seen that the girl was being dragged by Rabindra Yadav and except that there was no corroboration of any allegation against the petitioner. Rabindra Yadav has been admitted to bail by this court vide order dated 28.4.2008 passed in Cr. Misc. No. 52771 of 2007. There is no direct or circumstantial evidence either of sections 302 and 376 is available against the petitioner. Considering the facts and circumstances of the case, the petitioner Pankaj Yadav 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 satisfaction of the C.J.M., Araria in connection with Raniganj P.S. Case No. 95 of 2005. avin (Shyam Kishore Sharma, J.)