IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29760 of 2008 SUNIL CHAURASIA @ SUNI KUMAR CHAURASIA Versus STATE OF BIHAR ----------- 03/ 20-08-2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in a case under Sections 364/34 of the Indian Penal Code. It appears that the petitioner’s prayer for bail was earlier rejected by this Court on 24.04.2008 in Criminal Misc. No. 49164 of 2007. Learned counsel submitted that during investigation the statement of victim boy was recorded under Section 164 Cr.P.C. in which he named the petitioner and others. He submitted that trial of the petitioner is continuing and victim Manjesh Kumar has been examined as a prosecution witness on 2.7.08 but he failed to name the petitioner. He also did not identify him in court. In this connection the learned counsel referred to the deposition of P.W. 1 Manjesh Kumar Yadav which is Annexure-3 to the application and also the certified copy of the order sheet dated 2.7.2008 which is annexed to the supplementary affidavit filed today. Learned counsel further submitted that save and except the statement of Manjesh Kumar under Section 164 Cr.P.C. there is nothing more against the petitioner in the case diary. It appears from the certified - 2 - copy of the order sheet dated 2.7.2008 that petitioner Sunil Chaurasia @ Suni Kumar Chaurasia was present in the dock but P.W. 1 Manjesh Kumar Yadav did not name him before the court nor identify him. In the facts and circumstances of the case, petitioner, namely, Sunil Chaurasia @ Suni Kumar Chaurasia is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court –IV, Siwan in Sessions Trial No. 03/08, Raghunathpur P.S. Case No. 13 of 2007. Learned counsel is permitted to make necessary correction in the prayer portion of the application. S.Sb/- (Madhavendra Saran, J.)