IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27682 of 2008 Shankar Mahto, son of Sri Gangadhar Mahto, resident of Village- Jalpura, P.S. Chandi, District-Bhojupur(Ara) ……Petitioner. Versus The State of Bihar. ……………………Opposite Party. ----------- 4. 12. 02. 09. Heard learned counsel for the petitioner and the State. The petitioner is an accused for offence under Section 376(g) of the Indian Penal Code in connection with Chandi P.S. Case No. 18/2006. Although there is allegation against the petitioner. However, vide order dated 14. 11. 2008, passed in this case, a report was called for from the court below after recording the evidence of the prosecutrix of Sessions Trial No. 158 of 2008, arising out Chandi P.S. Case No. 18 of 2006. Report has been received to the Court, wherein he has reported that prosecutrix in her examination on 15th January, 2008, has denied the allegation of rape and as such he has been declared hostile. Learned A.P.P. is not in a position to refuse the above submissions. Considering the facts and circumstances of the case, the petitioner namely, Shankar Mahto, is directed 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 Additional Sessions Judge, F.T.C.IIIrd, Bhojpur, Ara, in connection with S.T. No. 158/08, arising out of Chandi P.S. Case No. 18/06. m.p. (Shailesh Kumar Sinha, J.) - 2 -