IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.349 of 2011 RAKESH KUMAR son of Sri Mohan Singh, resident of village- Allauddinchak, P.S. Punpun, District-Patna. Versus THE STATE OF BIHAR ----------- 2 25.02.2011 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Masaurhi P.S. Case No.38 of 2010 Sessions Trial No. 1108 of 2010 for the offence punishable under Sections 363,366(A) and 34 of the Indian Penal Code read with Section 376 of the I.P.C. The prayer of the petitioner was earlier rejected by order dated 01.07.2010 in Cr. Misc. Case No.21652 of 2010. Learned counsel for the petitioner with reference to the statement made by the victim girl, submits that name of the petitioner has simply transpired as being accomplice to co-accused Shiv Shankar Giri in the act of kidnapping of the victim girl. Learned counsel with reference to the order dated 03.12.2010 passed in Cr.Misc. No.32447 of 2010 placed at Annexure-3 of the application, submits that the co-accused Shiv Shankar Giri who had been alleged of having kidnapped and raped the victim girl, has since been granted bail by a Bench of this Court. He submits that the case of the petitioner standing on a better footing requires reconsideration by this Court. Regard being had to the circumstances and the submissions of the learned counsel, let the petitioner namely, Rakesh Kumar, be 2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Patna in connection with Sessions Trial No. 1108 of 2010 arising out from Masaurhi P.S. Case No. 38 of 2010, subject to the condition that the petitioner would ensure his representation before the Court below on each and very date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bonds and to take him into custody. Bibhash (Jyoti Saran,J.)