IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33658 of 2009 UPENDRA CHAUDHARY @ UPENDRA KUMAR CHAUDHARY son of Sikandar Chaudhary, resident of village Khiri, P.S. Atri, District Gaya at present residing at mohalla Bari Nagala, P.O. Madho Mill, P.S. Malsalami, District Patna, … … Petitioner Versus THE STATE OF BIHAR… … OPPOSITE PARTY For the Petitioner: M/s Dr. Kislay and Manoj Kr.,Advocates For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 2 09.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 364/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not named in the first information report. The victim boy, who is five years old, has not named the petitioner initially in his statement before the police, however, subsequently in the statement recorded under section 164 of the Code of Criminal Procedure(hereinafter to be referred to as “Code”) he has named him. It is stated that no incriminating article has been recovered from the possession of the petitioner. Learned counsel for the petitioner further states that the petitioner is in jail custody since 20.10.2008. It is next submitted by learned counsel for the petitioner that the recovered boy in his statement 2 recorded by the police under section 161 of the Code had named one Mukesh Kumar and Munna Kumar, however, subsequently in his statement recorded under section 164 of the Code he had not named them rather had taken name of this petitioner. The aforesaid accused Munna Kumar has been granted bail by a Bench of this Court in Criminal Miscellaneous No. 17001 of 2009. Another co-accused Jitendra Rai has been granted bail by this Court in Criminal Miscellaneous No. 15467 of 2009. Certified copies of both the orders have been produced by learned counsel for the petitioner. Let these orders be kept on record. It is stated on behalf of the petitioner that the petitioner is of clean antecedent. Having regard to the facts and circumstances of the case, I direct the petitioner, Upendra Chaudhary @ Upendra Kumar Chaudhary, 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 A.C.J.M., Patna City, in Malsalami P.S. Case No. 161/08 on further condition that one of the bailors must be the close relative or family member of the petitioner. SC ( Dr. Ravi Ranjan, J.) 3