IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34263 of 2009 SUNIL BELDAR @ JHOPARI BELDAR son of Kameshwar Beldar, resident of village Daili Maheshpur, P.S. Harnaut, District Nalanda, … …Petitioner Versus THE STATE OF BIHAR… ..Opposite Party For the Petitioner: M/s Sanjeev Ranjan and Uday Prasad, Advocates For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 13.10.2009 Heard learned counsel for the petitioner and the State. The petitioner has been made accused in a case under sections 379, 376(G)/34 of the Indian Penal Code and sections 3(i)(X)(XI)(XII) and 3(ii)(v) of the S.C.S.T. Act. It is submitted on behalf of the petitioner that the petitioner is not named in the first information report. It is alleged that two co-accused persons, Sanjay Yadav and Braj Nandan Yadav, were apprehended near the place of occurrence on the next day of the occurrence whereas the petitioner fled away. The witnesses Mukesh Yadav, Shyam Das and Ram Briksha Das had stated that the aforesaid co-accused persons had allegedly disclosed the name of the petitioner before them, which finds mention in paragraph 58 of the case diary. It is further submitted that 2 the occurrence of the present case had taken place on 01.03.2007, whereas the first information report had been lodged on 06.04.2007. The petitioner is stated to be in jail custody since 07.07.2009, still, as it is claimed by the petitioner, he has not been put on test identification parade even though, according to the first information report, the victim girl claims to identify the miscreants if they are produced before her. It is also submitted that one of the co-accused persons, Braj Nandan Yadav, who had allegedly disclosed the name of the petitioner before a witness, has been granted bail by a Bench of this Court vide annexure 2. Having regard to the facts and circumstances of the case, the petitioner, Sunil Beldar alias Jhopari Beldar, is directed to be enlarged 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 S.D.J.M., Nalanda at Biharsharif in Harnaut P.S. Case No. 78/07. SC ( Dr. Ravi Ranjan, J.)