IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42805 of 2009 1. DHURI MANJHI s/o Late Arjun Manjhi. 2. Chote Manjhi s/o Ramdev Manjhi. Both are resident of village- Balla, Musahari Bihta, P. S. Bihta, District Patna. … Petitioners. Versus STATE OF BIHAR . ----------- 2. 17.12.2009. Heard counsel for the petitioners and counsel for the State. The petitioners facing prosecution for offence under Sections 376(G)/34 of the Indian Penal Code have their defence that now when in course of trial the prosecutrix has failed to identify these petitioners as two of the six persons who are said to have committed rape on her person, the petitioners who are languishing in custody since 22.2.2008 would be entitled for being released on bail. This court would find that the victim girl had lodged the first information report in the year 2005 naming these two petitioners with four others who had physically assaulted her which was further confirmed in the medical report by the doctor. The statement of the victim girl was also recorded under Section 164 of the Code 2 of Criminal Procedure and she had reiterated the same version as given in her FIR. The petitioners remained absconding for a period nearly three years and in fact were taken into custody only on 22.2.2008. In that view of the matter, when the trial of the petitioners is already going on, this court is not inclined to direct for release of the petitioners on bail only because there is some change in the stand of the prosecutrix in the intervening period during which the petitioners while remaining absconding could influence her to retract from her statement before the court under Section 164 Cr.P.C. That being so, the prayer for bail of the petitioners is rejected. kanchan (Mihir Kumar Jha, J.)