IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15445 of 2009 GORAKH CHAUDHARY Versus STATE OF BIHAR ----------- 02. 19.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Sections 364 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegation is absolutely false and frivolous as the alleged victim girl is said to have been recovered on the same day, but since then neither the police has taken her statement under Section 161 of the Code of Criminal Procedure, nor she has appeared before the court for her statement under Section 164 of the Code of Criminal Procedure. Learned counsel for the petitioner further states that the petitioner has got no criminal antecedents, but in spite of that he is languishing in custody since 04.12.2008. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Gorakh Chaudhary, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge – cum- Fast Track Court No.3, Rohtas at Sasaram, in connection with Sessions Trial No.96 of 2009 arising out of Sasaram Town P.S. Case No.737 of 2008 . Sunil (S. N. Hussain, J.)