IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25134 of 2008 MANISH RAM KESHARI Versus STATE OF BIHAR ----------- 2 23.7.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case instituted under section 376/34 of the Indian Penal Code. As per the first information report petitioner and two other co-accused-accused committed rape on the victim who is a minor girl. It has been submitted by the learned counsel for the petitioner that the medical report does not support the allegation. His further submission is that the victim girl disclosed the name of co- accused Ranjeet Keshari but could not name the other two persons involved. Names of the co-accused Kuku Keshari and the petitioner were disclosed by the co-accused Ranjeet Keshari who was caught by the people on the spot. Thus, he was named in the first information report. Learned counsel further submitted that similarly situated accused person namely Kuku Keshari has been enlarged on bail by a Bench of this Court in Cr. Misc. No. 19332 of 2008. Learned counsel for the State submits that the victim is a minor girl of 10 years of age and thus the petitioner does not deserve to be enlarged on bail. But he could not dispute that a similarly situated co-accused, viz, Kuku Keshari has been granted bail by this court. In the facts and circumstances of the case let petitioner Manish Ram Keshari be enlarged on bail on furnishing bail bond of - 2 - Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge, F.T.C. IV, Banka in S.T. No. 401 of 2008 arising out of Rajaun P.S. case no. 10 of 2008. Rahman/ (Dr. Ravi Ranjan, J)