IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20469 of 2009 KANHAIYA KUMAR Versus STATE OF BIHAR ----------- 4 25.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 364, 376, 511, 504/34 of Indian Penal Code. Allegation as per the F.I.R. is that the informant was returning from the field. She was surrounded by three accused persons including co-accused Pramod Singh and the petitioner. Allegation further is that Pramod Singh initially cajoled her to come along with him. She refused whereafter it is alleged that co- accused Pramod Singh with the help of two others dragged her in the nearby field where an attempt to commit rape was made. Learned counsel submits that even going by the F.I.R., it appears that the main allegation is against Pramod Singh who had earlier kidnapped the informant for which a separate case was lodged. It is contended that the petitioner is not accused in the case lodged by the present informant against co-accused Pramod Singh. It is contended that in course of investigation, no witness has supported the active participation of the petitioner in the alleged offence. Learned counsel drew attention of this court to the averments made in paragraph 8 wherefrom it appears that on conclusion of investigation and supervision by the superior police officer, it was found that submission of charge-sheet against the petitioner would not be 2 justified. Accordingly, charge-sheet was not submitted against the petitioner. It appears that learned Magistrate took cognizance differing with the final form/charge-sheet. It is contended that the petitioner is in custody since 22.12.2008. In the facts and circumstances of the case, let petitioner above named 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 learned S.D.J.M., Bikramganj, District- Rohtas in connection with Karakat P.S. case no. 251 of 2008. pkj ( Kishore K. Mandal, J. )