IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43889 of 2008 RAM BALAK YADAV Versus THE STATE OF BIHAR With Cr.Misc. No.48245 of 2008 GAUTAM @ RANDHIR YADAV Versus THE STATE OF BIHAR ----------- 3. 14.01.2009 Heard Sri Gourang Chatterjee and Sri Kamal Kumar Sinha, Advocates for the petitioners and Sri Dasrath Mehta, APP for the State. The two petitions arise out of Lakhisarai (Ramgarh Chowk) P.S. Case No. 125 of 2008 under Section 376 etc. of the IPC. The allegation is that while coming after consulting to a doctor at Lakhisarai, after having alighted from a train at some station, while the lady was on way to her house she was gang raped by some persons. There is none named in the FIR which was lodged after four days of the occurrence. The case diary reveals that the police received the information about the commission of some offence and upon which after reaching the village of the lady took her statement. The lady gave her statement under Section 164 of the Cr. P.C. on 5th of April, 2008, i.e., on the 5th day of the FIR, i.e., after nine days of the occurrence and - 2 - during that also she did not claim that she individually identified on account of knowing any one as an accused, what she stated was that she picked up the names of the offenders because while running away they were calling each other by their individual names. Regard being had to the above facts, let the two petitioners in the two petitions, namely, Ram Balak Yadav and Gautam @ Randhir Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Lakhisarai in Sessions Trial No. 743 of 2008 arising out of Lakhisarai (Ramgarh Chowk) P.S. Case No. 125 of 2008. DKS/ (Dharnidhar Jha, J.)