IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47659 of 2007 SUNIL KUMAR Son of Narendra Kumar @ Shivnandan Prasad, Resident of Village- Chhotki Babhni, P.S.- Mocharim, P.S. Magadh University, Bodh Gaya, District- Gaya ---------------Petitioner Versus STATE OF BIHAR -----------------Opposite Party ----------- 5. 4.2.2009 Heard learned counsel for the petitioner and the State. The offence is alleged under Sections 363-A/34 of the Indian Penal Code. A supplementary affidavit has been filed on behalf of the petitioner. The allegation against the petitioner is to the effect that he used to visit the house of co-accused Bhola Mahto who was the landlord of the informant and suspicion has been raised against the petitioner that as if he knows the whereabout of the daughter of the informant. On the fardbeyan of the informant all the family members of Bhola Mahto including his wife were made accused. The petitioner on such allegation was taken to custody on 10th of November 2006. The application filed for bail was rejected by this Court as per the order dated 21.3.2007 vide Annexure-1 of the petition. It is submitted that this Court while rejecting the application, the same was dismissed as the petitioner could not make out a case for bail at that stage. It is further submitted that on perusal of the certificate as contained in Annexure-11, it would appear that petitioner was about - 2 - 15 to 16 years of age as on the date of the alleged occurrence. It is further submitted that co-accused Sunil Kumar has been granted bail by this Court as per order dated 14.8.2007 passed in Cr. Misc. No. 24960 of 2007 as contained in Annexure-13. In the above circumstances, the prayer has been made for grant of bail. Learned A.P.P. opposes the prayer for bail and submits that the trial is going on in the Court below and some of the witnesses have also been examined. As such the petitioner does not deserve to be enlarged on bail. Considering the facts and circumstances of the case, let the petitioner Sunil Kumar be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Gaya in connection with Sessions Trial No. 14/2007 arising out of Civil Lines Gaya P.S. Case No. 254 of 2006. P. Kumar (Shailesh Kumar Sinha, J.)