IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40332 of 2008 KEDAR NUT Versus STATE OF BIHAR ----------- 04/ 12-01-2009 Heard both side. Petitioner is accused in a case under Sections 376(g), 380/34 and 458 of the Indian Penal Code. It appears that the prayer for bail of this petitioner has earlier been rejected by this Court vide order dated 27.02.2008 passed in Criminal Misc. No. 7467 of 2008 with a direction to dispose of the case preferably within six months. The report has been called for from the court below which would go to show that not a single witness has yet been examined. This petitioner is in jail custody for last two and half years. It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in this case in retaliation of earlier case filed by this petitioner against the family members of the informant under Section 376 IPC. It is further submitted that the victims were examined under Section 164 Cr.P.C. They have not named this petitioner. The injury report of the doctor would also go to show that the doctor did not find any sign of rape or struggle. The case is also not likely to be concluded in the near future. In the facts and circumstances of the case, petitioner Kedar Nut is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track - 2 - Court No. I, Gaya in connection with Sessions Trial No. 179/07 / 81/2007 arising out of Khizersarai P.S. Case No. 114 of 2006. S.Sb/- (Ghanshyam Prasad, J.)