IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45151 of 2009 SURAJ YADAV, S/o Rajendra Yadav. Versus THE STATE OF BIHAR ----------- 02. 07.01.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366A of the Indian Penal Code. Taking into consideration the fact that the victim appears to be a major who no doubt gave incriminating statement under Section 164 Cr.P.C. but it appears that she was arrested along with the present petitioner on 23.07.2009 at Buxar Station and it is not explainable as to why the petitioner would bring the victim back to her native place after having kidnapped and raped her and the statement under Section 164 Cr.P.C recorded four days after her recovery also suggests over-tones of a relationship indicating that it was a case of consent between the parties, let the petitioner above named who is in custody since 26.07.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) - 2 - with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 223 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)