IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39228 of 2009 SANJAY KUMAR SINGH, S/O LATE KRISHNA SINGH, R/O VILLAGE-KRISHNA CHAUK, P.S.-KHAIRA, DISTRICT-SARAN. Versus THE STATE OF BIHAR. With Cr.Misc. No.41635 of 2009 MAINU MIAN @ MAINUDDIN MIAN, S/O ABDUL JABBAR, R/O VILLAGE-DAULATGANJ, P.S.-BHAGWAN BAZAR, DISTRICT-SARAN AT CHAPRA. Versus THE STATE OF BIHAR. with Cr.Misc. No.41663 of 2009 BHUTWA CHOUDHARY @ BHUTWA, S/O LATE SURENDRA CHOUDHARY, R/O VILLAGE-LAL BAZAR PASI TOLI, P.S.-CHAPRA MOFUSSIL, DISTRICT-SARAN, PRESENTLY RESIDING AT SHIV BAZAR, P.S.- BHAGWAN BAZAR, DISTRICT-SARAN. Versus THE STATE OF BIHAR. ----------- 2 26.11.2009 Heard learned counsels for the petitioners and learned counsel for the State. Case is under Sections 363 and 376 (2) of the Indian Penal Code. As per the case in the FIR, the victim girl was abducted from a boggi of the train and taken to a lonely place and she was raped by the accused persons. She was recovered by the police, taken to the police station, medically examined and thereafter she was released. The 2 accused persons, who were arrested have been put on trial. However, during the trial the girl herself has resiled from her statement and did not identify these accused persons, who were present in the dock, as having committed rape on her. Petitioners are in custody since April 2009 and are facing trial. Considering the fact that the prosecutrix victim girl has failed to identify these accused persons in dock, as having committed rape on her, these applications are allowed. Let petitioners above named be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Saran at Chapra-cum- Special Judge, S.C. and S.T. (Prevention of Atrocities) Act in connection with Bhagwan Bazar P.S. Case No.83 of 2009, S.T. No. 434 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of 3 the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Arvind/ ( J. N. Singh, J.)