IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5731 of 2010 HEMAN PASWAN S/O BIKAU PASWAN R/O VILL.- HASOPUR,P.S.- KHANPUR, DISTT.- SAMASTIPUR Versus THE STATE OF BIHAR ----------- 03. 10.05.2010 Heard both sides. Petitioner seeks bail in a case instituted under diverse Sections of the Penal Code including Sections 376 and 120B of the Penal Code. Two daughters of the complainant/informant were staying in the house of the father of the petitioner. Allegation is that father of the petitioner forcibly established sexual relationship with one daughter, namely, Pinki which made her pregnant. She ultimately gave birth to a male child. The role of the other accused persons including the petitioner herein comes later. It is alleged that Asha Devi tried to forcibly lift the unwanted male child for sale. On the first occasion such attempt failed. Subsequently, as per allegation, Asha Devi made the girl, namely, Pinki senseless and took her male child. Learned counsel for the petitioner submits that there is no allegation of having committed rape on the girl. The allegation that he tried to take away the son also seems to be not worthy reliance as he is son of main accused. It is next contended that he is in custody since 12.11.2009. In the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail 2 bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Samastipur, in connection with Khanpur P.S. case no. 98 of 2009, subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) Petitioner shall appear in person before the Court below on each date fixed at the trial. In case of default on two consecutive dates, the trial Court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)