IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17954 of 2009 Dharmendra Kumar Sao, son of Rameshwar Sao, resident of Village- Kolhaura, P.S. Bodh Gaya, District-Gaya. ………Petitioner. Versus The State of Bihar ……………………….Opposite Party. ----------- For the petitioner :- Mr. Ashish Kumar Sinha, Advocate. For the State :- Mr. Parmeshwar Mehta, A.P.P. 2. 27. 05. 2009. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is an accused in a case registered under Sections 366A and 376/34 of the I.P.C. Learned counsel for the petitioner submits that it is apparent from the statement of the girl under Section 164 Cr.P.C. that she voluntarily accompanied her Mousa and her friends. However, there is allegation that she was administered intoxicant. But in Sessions Trial No. 92 of 2002, the girl has stated that she has voluntarily gone with her Mousa to Delhi and she has not been subjected to any sexual assault. Learned counsel for the petitioner produces certified copy of the order dated 2. 12. 2008, passed in Cr. Misc. No. 4771 of 2008, whereby another co-accused Sanjay Kumar has been granted bail by a Bench of this Court. Let this certified copy of this order be kept on the record. Learned counsel further submits that trial have been separated and co-accused Arjun Sah has already been acquitted of the charges framed against him by the court of Additional Sessions Judge-F.T.C. V, Gaya, on 8th May, 2009. 2 Petitioner is said to be in jail custody since 19. 10. 2008. In the facts and circumstances of the cases, I direct the petitioner namely, Dharmendra Kumar Sao to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- F.T.C.V, Gaya, in connection with Sessions Trial No. 32 of 2009. SKBOSE (Dr. Ravi Ranjan)