IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5103 of 2010 NAKUL KUMAR DAS son of late Adhik Chandra Das alias Adhar Chand Das, resident of Motihara, Police Station and District Kishanganj… Petitioner Versus THE STATE OF BIHAR… Opposite Party For the Petitioner: M/s Pankar Kumar Sinha and Diwakar Sinhas, Advocates For the State: Mr. Upa Shankar Pd. Singh, APP … 2 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 376 of the Indian Penal Code. It is submitted on behalf of the petitioner that the statement of the victim girl recorded under section 164 of the Code of Criminal Procedure (hereinafter to be referred to as “Code”) completely demolishes the case as set up in the first information report, as the statement recorded under section 164 of the Code goes to reveal that there has been long association of the informant with the petitioner and even she has gone to say to the extent that she is having a child from the petitioner. The petitioner is stated to be in custody since 07.12.2009. Considering the facts and circumstances of the - 2 - case, I direct the abovenamed petitioner, Nakul Kumar Das, to 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 the Chief Judicial Magistrate, Kishanganj in Kishanganj Police Station Case No. 348/2009. SC (Dr. Ravi Ranjan, J.)