IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12865 of 2011 Alok Kumar @ Alok Ranjan S/o. Mritunjay Prasad Versus The State Of Bihar ---------------------------------- 03. 14.10.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 08.06.2010 in a case registered under Sections 366 and 376/34 of the I.P.C. Petitioner is not named in the first information report but subsequently the name of this petitioner came in statement of victim recorded under Section 161 of Cr.P.C. Again the statement of victim was recorded under Section 164 of the Cr.P.C. in which she again stated the involvement of the petitioner in the alleged crime. It would appear from perusal of the first information report that the alleged occurrence took place on 03.06.2010 and the fardbeyan of the informant was recorded after recovery of the victim girl. Furthermore, I find that for the first time the statement of victim was recorded by the I.O. on 08.06.2010 under Section 161 of the Cr.P.C., in which she had stated that petitioner and one unknown person came her house and took her from her house. Subsequently, when the statement of victim was recorded under Section 164 of the Cr.P.C. on 11.06.2010 she stated that seven persons participated in the alleged crime. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 2 Alok Kumar @ Alok Ranjan be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rupam Kumari, Judicial Magistrate, 1st Class, Gaya in connection with Delha P.S. Case No.58 of 2010 corresponding to G.R.No. 1790 of 2010, T.R. No. 2383 of 2010. Mkr. (Hemant Kumar Srivastava, J.)