IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11532 of 2009 DHARMENDRA KUMAR,son of Sri Sita Ram Sah,resident of village-Milki,P.S.- Bangra,District-Samastipur. Versus STATE OF BIHAR ----------- 04/ 16-09-2009 Heard learned counsel for the petitioner and the State. In the case victim girl was taken by co-accused Sudhir Kumar and Butan Sah and kept in a room. If the statement of the victim girl is taken into consideration they committed rape upon her also but if in that continuation she states about coming of this petitioner in that room without any overt act, neither taking her away from her parents’ house, nor committing rape can never be taken for refusal of his bail. In the discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Brahampura P.S.Case No.73/2004, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )