IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41356 of 2008 SHAMBHU SINGH … PETITIONER Versus THE STATE OF BIHAR … OPP. PARTY For the petitioner : - Sri Bimal Kumar No. I, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 14.11.2008 Heard Sri Bimal Kumar No. I, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner is not named in the FIR, which was lodged by the mother of the deceased. The same mother got her statement recorded under Section 164 of the Cr. P.C. and implicated the present petitioner along with other P.Ws., whose statements were also recorded under Section 164 of the Cr. P.C. The contention is that if at all the lady was giving the name of the petitioner as the assailant or the person, who had committed the offence, he ought to have been named in the FIR. Regard being had to the facts and contentions, let petitioner Shambhu Singh be released from custody on furnishing a bond of Rs.3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of - 2 - S.D.J.M., Rosera in connection with Hathauri P.S. Case No. 66 of 2002 (G.R. No. 497 of 2002). DKS/ (Dharnidhar Jha, J.)