IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39571 of 2009 RAMKHELI SINGH, son of late Biranchi Singh, resident of village Karna, P.S. Parbatta, District Khagaria Versus STATE OF BIHAR ----------- 2. 17.11.2009 Heard counsel for the petitioner and the counsel for the State. Considering the fact that the petitioner facing prosecution for offence u/ss 364/364A of the Indian Penal Code was not even named in the F.I.R. nor was named by the victim boy after his recovery and his implication came only on the confessional statement of the co-accused Jai Jai Ram Sahni and Guddu Singh and that the said co- accused Jai Jai Ram Sahni has already been directed to be released on bail by an order dated 28.10.2009 in cr.Misc.No. 35957/2009, this Court would also direct for release of the abovenamed petitioner on bail on the same condition as in the case of co-accused Jai Jai Ram Sahni, namely, that the petitioner shall be released on bail only if he has got no criminal antecedent. Subject to the aforementioned verification and being found that the petitioner has got no criminal antecedent, 2 the abovenamed petitioner shall be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Parbatta P.S.Case No. 41/2009, G.R.No. 302/2009, in which one of the bailors will be either his parents or his wife. It goes without saying that the petitioner would remain present in course of trial and his absence on two consecutive dates will make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/