IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36823 of 2008 1. KRISHNA GUPTA S/O KAPILDEO GUPTA. ( R/O VILL. BANGRUWA, P.S. BANAKATA, DIST. DEORIA(U.P.) 3. MANOJ SINGH, S/O CHATRAPAL SINGH, ( R/O VILL. BANKUL, PS. BANAKATA, DIST.DEORIA (U.P.) Versus STATE OF BIHAR ----------- 03 27.11.2008 Heard learned counsel for the petitioners, informant and State. Petitioners are accused in a case registered for the offences under Sections 366(A), 120(B) of the Indian Penal Code. It is submitted on behalf of the petitioners that petitioners are not named in the First Information Report. However, they have been implicating during the pendency of the case. It is submitted that specific allegation is against the co accused Kameshwar Gupta. However, during examination under Section 164 of the Cr. P.C. name of these petitioners have been figured along with other co-accused Minta Devi who happens to be the “Gotni” of the cousin of victim girl. It is further submitted that in the said examination the victim has stated that it was the Kameshwar Gupta who had closed her mouth and forcibly pushing her in the vehicle. In the said vehicle the petitioners were also present. It is further submitted that the victim in her statement has also said that unknown and untoward incident took place with her and nobody had established any physical relationship with her. It is further submitted that co-accused, namely, Minta Devi has been allowed anticipatory bail by this court as per orders dated 18.11.2008 passed in Cr. Misc. No. 44583 of 2008. - 2 - The learned A.P.P. appearing on behalf of the State as well as the informant opposes the prayer for bail and submits that although the allegation of forcibly pushing the victim in the car is against the co-accused Kameshwar Gupta and Minta Devi who happens to be the relative of the victim. However, these petitioners were also sitting in the vehicle from before. Considering the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Krishna Gupta and Manoj Singh are directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Siwan (M) P.S. Case No. 74 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym ( Shailesh Kumar Sinha, J.)