IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8407 of 2010 AKHILESH RAI @ AKILESH RAI, S/o Garbhu Rai. Versus THE STATE OF BIHAR ----------- 02. 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 452, 380 and 364/34 of the Indian Penal Code. On 23.06.2004 the complainant/informant filed the complaint that on 14.06.2004 the accused persons committed theft in his house and also took away his wife for illicit purposes. There is no explanation about the delay in the complaint. Subsequently the wife of the complainant/informant also filed cases against several others including the petitioner for offences under Sections 376/498A of the Indian Penal Code and in fact she was being used to file false cases in which she would later on compromised. In view of such and the fact that three out of four witnesses have turned hostile, let the petitioner above named who is in custody since 24.05.2009 be - 2 - released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-II, Vaishali at Hajipur in connection with S.Tr. No. 279 of 2009 arising out of Hajipur Sadar P.S. Case No. 277 of 2004 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In case the petitioner is found to be tampering with evidence and any complaint is made in this regard due inquiry shall be made by the presiding officer then he will proceed in accordance with law. Vikash/- (Anjana Prakash, J.)