IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49354 of 2008 AMIT RAI Versus STATE OF BIHAR ----------- 3/ 21.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police Case under Sections 366(A) and 363/34 of I.P.C. The F.I.R. names him as one of the three named accused. The victim girl in her statement under Section 164 Cr. P.C. names the other two accompanied by unknown but does not name the petitioner. The petitioner is none other than the brother and son of the other two co-accused. Co-accused, Jagjit Rai was well known to the alleged victim. The question of her not recognizing the petitioner therefore becomes doubtful. On a bare reading of the statement under Section 164 Cr. P.C. of the victim, no role is attributed to the petitioner which also reflects that the alleged victim went with the co-accused voluntarily but started to sing a different tune after coming home. Considering the materials for the purposes of bail only, let the petitioner, above named, surrender before the Court below when he shall be enlarged on anticipatory bail upon furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Madhubani Town (Rahika) P.S. Case No. 163 of 2007 corresponding to G.R. No.984 of 2007 subject to the conditions as laid 2 down under Section 438(2) of the Cr. P.C. S.B.P. (Navin Sinha, J.)