IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39531 of 2008 PRABHASH DAS Versus STATE OF BIHAR For the Petitioner:Mr.Umakant Prasad For the State :Mr.Upendra Kumar,APP ----------- 3. 22.12.2008 Heard. The petitioner has approached this Court for grant of bail in a case instituted under section 376 IPC. The FIR itself indicates that the petitioner is cousin brother of the victim, namely Baby Kumari. As per the allegation in the FIR on the date of occurrence the petitioner along with one Anjan Das is said to have abducted her. It appears that the victim came back home on 26.10.2007 and her statement is said to have been recorded by the police in which she is stated to have said that this petitioner took her to the Sasural of co-accused namely Anjan Das and there they are alleged to have committed sexual assault. Counsel for the petitioner submits that the next day the girl was produced before the Magistrate for making statement under section 164 Cr.P.C. The said statement is at annexure-2. Referring to the said statement it has been stated that the girl has not alleged anything regarding sexual assault . It further appears that the victim has also been medically examined and the doctor did not find any sign of rape on the person of the victim. - 2 - Counsel for the petitioner submits that there is further contradiction in the fact that the girl has stated that the petitioner brought her back to her father’s home, whereas in her 164 statement she has stated that the father reached the Sasural of co-accused Anjan Das and recovered her. The petitioner is said to be in custody since 27.10.2007. Having regard to the facts and circumstances of the case, petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM Banka in Amarpur p.s.case no.242/2007. hr ( Kishore K. Mandal )