IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15554 of 2009 PAWAN KUMAR Versus STATE OF BIHAR ----------- 02/ 20.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 366A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the main accused of kidnapping and raping the victim girl is co-accused Mukesh Kumar. Learned counsel for the petitioner further submits that only allegation against the petitioner is that he was sitting in the Marshal vehicle and got down from the vehicle on the way, whereafter Mukesh Kumar took the victim girl to his grand mother’s place where he rapped the victim girl. Learned counsel for the petitioner also avers that the petitioner has been implicated only being the brother of the main accused Mukesh Kumar and he is in custody since February, 2009. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioner, namely Pawan Kumar shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Waris Nagar (Mathurapur O.P.) P.S. Case No.22 of 2009. harish/ ( S.N.Hussain, J)