IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28317 of 2010 SANJAY SAHANI @ SANJAY KUMAR, SON OF SRI JAY KARAN SAHANI, RESIDENT OF VILLAGE- MUTLUPUR, P.S.- PEAR, DISTRICT- MUJAFFARPUR :--- PETITIONER. Versus THE STATE OF BIHAR:---- OPPOSITE PARTY. ----------- 2. 27.08.2010. Heard learned counsel for the petitioner and the State. Having considered the grounds taken in support of the restoration application Cr. Misc. No. 15416 of 2010 is restored to its original file and number. Restoration application is, accordingly, disposed of. Having disposed of the restoration application Cr. Misc. No. 15416 of 2010 is taken up for admission. Petitioner is apprehending his arrest in connection with a case which was initially registered for the offence under Sections 452, 323, 354, 379 read with Section 34 of the Penal Code vide First Information Report No. 79 of 2006 dated 29.9.2006 in which later on Section 376/511 of the Penal Code was also added. Perusal of the First Information Report indicates that the same is registered against one accused Sonu Kumar and two other unknown. Name of the petitioner transpired for the first time in August, 2008 when the victim recorded her 164 Cr.P.C. Statement. - 2 - Let the petitioner surrender in the court below within four weeks from the date of receipt of a copy of this order in the court below whereafter the court below should verify from the record that name of the petitioner transpired only during the statement of the victim recorded under Section 164 Cr.P.C. and if that be so then petitioner, named above, be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Pear (Hatha O.P.) P.S.Case No. 79 of 2006, G.R.No. 2569 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Until such verification is made, no coercive steps be taken against the petitioner. Cr. Misc. No. 15416 of 2010 is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)