IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38564 of 2009 VIBEK RAI, son of Sri Nitya Nand Ray, resident of village Jagatpur, P.S. Banka, District Banka, State Bihar Versus THE STATE OF BIHAR ----------- 2. 12.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused for offence u/ss 366A/ 376 I.P.C. and other allied offences, having allegation that it was he who had kidnapped the victim girl Neha Kumari and thereafter had also subjected her to physical torture and rape. Counsel for the petitioner would submit that the prosecution story does not inspire confidence both on account of delay as subsequent recovery of Neha Kumari by the police whereafter the doctor did not find any injury on her person and in fact she had also in her statement u/s 164 Cr.P.C. stated before the court that she was not subjected to any sort of physical torture by the petitioner, rather he on the request of the victim girl had taken her to his house and had kept her by extending love and affection as a brother. In the opinion of this Court, the 2 petitioner may or may not be as innocent as he has now projected but then as per materials on record especially in view of the statement made by the victim girl u/s 164 Cr.P.C. he would definitely be entitled for grant of bail. That being so, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Shahkund P.S.Case No. 172/2008, one of which must be furnished by the close family of the petitioner and that the petitioner shall also remain present in course of trial by and his absence on two consecutive dates in course of such trial will make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/