IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10005 of 2009 ROSAN KUMAR @ RAUSHAN KUMAR Versus STATE OF BIHAR ----------- 2/ 05.08.2009 Heard. The case is under sections 366A etc. IPC and considering the statement of the victim, I had dismissed the earlier prayer for bail with a liberty to the petitioner to renew his prayer for bail if the victim was examined as first witness. She has not been examined. As may appear from the report of the trial judge appearing at Flag A, the court who was trying the case made all efforts possible under law and outside it also to seek the production of the victim for her evidence. The presiding judge wrote letters even to the DIG and S.P. for the production of the victim but they did not appear even having the courtesy of responding those communication. The learned APP has vehemently resisted the passing of the present order on the ground that the victim who is a minor girl, is not being provided protection by the police department in spite of petition being filed in the court below and as such, she was not appearing for her evidence before the trial judge. The learned APP has requested the court to adjourn the hearing of the petition for a month so that the lady appears and deposes in the court below. I have difficulty in acceding to the request of the learned APP, firstly, because the court below has not mentioned in its report that any petition was filed by the prosecutrix or on her behalf seeking protection of the court or by police in coming to the court for her - 2 - evidence; secondly, the court appears taking steps under law and outside it also for enforcing the production of the lady Poonam Kumari for her evidence before it. That apart, the full details have been put in in the report of the trial judge. It appears that there could be a purpose behind the lady not appearing before the court and that purpose could probably be prolonging the custody of the petitioner as long as could be possible. Let petitioner Rosan Kumar alias Raushan Kumar be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge F.T.C. I, Samastipur in S.Tr. No. 380 of 2008. Anil/ (Dharnidhar Jha, J.)