IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7284 of 2008 MD.KYAM @ RAJU @ MD.KAYAMUDDIN Versus THE STATE OF BIHAR ----------- 5. 20.8.2008 Heard learned counsel for the petitioner and learned APP for the State. The petitioner Md.Kyam alias Raju alias Md.Kayamuddin, who stands implicated in Mahua P.S.case no. 52 of 2006(Sessions Trial No.112/07) registered under Section 376/34 IPC, was earlier refused bail twice, last being on 30.3.2007 in Cr.Misc.No. 6459 of 2007. It has been submitted that statement of the victim Priyanka Kumari would go to show that it was co-accused Vijay Jha, who committed rape on her. Of course, involvement of this petitioner in the commission of offence cannot be denied but, as submitted, they cannot be said to have committed rape on the victim. Moreover, from the status report of the trial court it is revealed that charges against them have been framed on 7.6.2007 and in all four prosecution witnesses have been examined, who are hearsay witnesses, as submitted. Evidence of Priyanka Kumari, the victim, has not yet been recorded. A plea of co-accused Vijay Jha for being juvenile was raised in the trial court on 11.12.2007 and, as such, matter has been referred to the Juvenile Justice Board by the trial court and report in respect of ascertainment of his age is still awaited. The petitioner is in custody since 20.3.2006, i.e., about 2-1/2 years. Learned APP after going through the case diary has submitted that there is absence of corroboration against this petitioner so far his participation in commission of rape is concerned. 2 In the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of ADJ FTCI, Vaishali at Hajipur, in Sessions Trial No. 112/07, arising out of Mahua P.S.case no. 52/06. (Subash Chandra Jha,J.) spal/