IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43135 of 2010 MAHENDRA SAO & ORS Versus THE STATE OF BIHAR ----------- 02 26.03.2011 Heard learned counsel for the petitioners and learned counsel for the state. Petitioners are accused for offences punishable under sections 366A and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that although there are many accused persons, including the petitioners but alleged victim girl has returned and has given her statement under section 164 of the Code of Criminal Procedure on 17.06.2010 (Annexure-3) in which she stated that she was 14 years old and her co-villager Bhola Sao took her by force on cycle to Jehanabad, from where he took her by train to Patna and then to Delhi on threat of life and in Delhi, he raped the said victim girl but when he learnt about the criminal case being lodged he along with the victim girl reached to the police station at Kako. Learned counsel for the petitioners further submits that from the aforesaid statement of the victim girl herself it is quite apparent that the co-accused person Bhola Sao was the main and only culprit and the other co-accused persons, including the petitioners had no concern at all with the alleged occurrence. In the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In case of surrender/arrest within fifteen days from the date of receipt/production of a copy of this - 2 - order in the court below, petitioners, namely Mahendra Sao, Malti Devi, Amirakh Sao @ Amerika Sao and Gori Devi shall be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) each with two sureties of likewise amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No.105 of 2010 subject to the conditions as laid down under section 438(2) of Code of Criminal Procedure. Harish (S.N. Hussain, J.)