IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13025 of 2009 SURENDRA BIND Versus THE STATE OF BIHAR ----------- 04 12.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 366, 376/34 of the Indian Penal Code. For an occurrence allegedly having been committed between 24.5.2008 to 6.9.2008, a complaint was lodged by the victim on 9.9.2008, alleging therein that she was forcibly kidnapped by the petitioner and two others accused persons named therein and thereafter carried to different places, where she was subjected to rape by all of them. Learned counsel submits that on conclusion of investigation two of the accused persons named in the F.I.R. have not been sent up for trial. They are not facing the charge. It is contended that in course of investigation, it has been revealed that the petitioner had illicit relationship with the victim. For about four months, it appears, no information was given to the Police by any of the family members of the victim. Learned 2 counsel submits that if the investigation report is to be accepted, then the allegation that she was subject to rape on different places by all the three accused persons become doubtful. It is contended that he is in custody since 7.12.2008. In the facts and circumstances of the case, the above named petitioner 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 561 of 2008. P.K. (K.K. Mandal, J.)