IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7138 of 2011 ABHISHEK KUMAR @ MUNNA Versus THE STATE OF BIHAR ----------- 2 07.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is languishing in jail custody since 22.06.2009 in connection with Sessions Case No. 341 of 2009 arising out of Khagaria P.S. Case No. 58 of 2009 registered under sections-366A, 376,120B, 334 of the Indian Penal Code. It would appear from perusal of impugned order of learned Ist Additional Sessions Judge, Khagaria that when the above said case was taken up for argument, a petition under section319 of the Cr.P.C. was filed on behalf of the informant and the said petition was kept pending by the learned trial court for consideration at the time of pronouncement of judgment. Being aggrieved by the aforesaid order of learned trial judge, the petitioner preferred a Criminal Revision before this court. The learned trial judge has clearly observed in the impugned order that the hurdle is being created by informant as well as her learned counsel in disposal of the above said case. So far as the merit of the case is concerned, it would appear from perusal of the record that initially, the informant filed Complaint Case which was converted into the above-said police case. Furthermore, I find that the only allegation against - 2 - the petitioner is that he took the informant and sold her to another co-accused. So far as allegation of rape is concerned, the said allegation is not against the petitioner. Taking into consideration the aforesaid facts and circumstances of the case as well as period of detention in jail custody, let the petitioner, namely, Abhishek Kumar @ Munna be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Case No. 341 of 2009 arising out of Khagaria P.S. Case No. 58 of 2009 to the satisfaction of Ist Additional Sessions Judge, Khagaria. AKV/- (Hemant Kumar Srivastava,J.)