IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42769 of 2010 BIRU BABU MAHTO @ RANBIR KUMAR son of Janardan Mahto, resident of village-Sakarauli, P.S.-Cheriabazar. Dist.-Begusarai Versus THE STATE OF BIHAR ----------- 2. 24.1.2011. Heard Mr.Arbind Kumar, Learned counsel for the petitioner and Mr.A.M.P.Mehta, learned Additional Public Prosecutor, for the State. The petitioner, who is in custody in connection with S.Tr. No.1259 of 2009 arising out of Cheriabariarpur P.S. Case No.168 of 2007 registered for the offence under section 363/34 of the Indian Penal Code and subsequently section 376 of the Indian Penal Code was added, has prayed for grant of bail In the first information report it was alleged that mother of the informant after noticing that her married daughter was not on the cot she raised alarm due to which family members got up. They came out and saw two accused persons along with his daughter. They tried to apprehend the accused persons but taking benefit of darkness the accused persons fled away. Learned counsel for the petitioner submits that the victim girl appeared before the learned Magistrate and her statement under section 164 Cr.P.C. was recorded by the learned Magistrate in which she disclosed that while the accused persons were carrying her away, she was unconscious and later on she was raped. Learned counsel for the petitioner submits that the victim had also solemnized second marriage with co-accused Hitendra Kumar. 2 Learned counsel further submits that the victim, prior to her statement recorded under section 164 Cr.P.C., had also sworn an affidavit before the learned Magistrate wherein she has stated that she was apprehending danger from the hands of her own parents and previous husband. Be that as it may, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Vth F.T.C., Begusarai in connection with S.Tr. No.1259 of 2009 arising out of Cheriabariarpur P.S. Case No.168 of 2007. Md.S. ( Rakesh Kumar, J.)