IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3753 of 2009 MD.SHAHABUDDIN @ SHAHABUDDIN KHAN S/O ALI HUSSAIN KHAN @ HASAN KHAN, R/O VILLAGE- THAPDI, P.S.- FATEHPUR, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 2 06/03/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner is named accused of a case which has been registered under section 366 of the Indian Penal Code. Besides the petitioner two more persons Neeraj and Sanjeev are named accused. The informant alleged that his daughter Laxmi Devi was taken away from the house by this petitioner and two named accused Neeraj and Sanjeev. In course of investigation the victim has been examined under section 164 of the Cr.P.C. She has given specific statement that she was confined to a place and she was forcibly taken away by all the three accused persons and all of them have committed rape upon her. Learned counsel for the petitioner has produced the certified copy of the statement of the victim which has been recorded during trial. She in her evidence before the trial court has confined her allegation only against the petitioner and about other two accused she has given complete go-bye. Considering the contradiction in the statement of the victim, the petitioner Md. Shahabuddin @ Shahabuddin Khan is directed to be released on bail on furnishing of bail bonds of Rs. - 2 - 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. II, Aurangabad in S. Tr. No. 260 of 2008 arising out of Aurangabad (M) P.S. Case No. 44 of 2008. avin (Shyam Kishore Sharma, J.)