IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45747 of 2009 ABHISHEK KUMAR, S/O AKHILESHWAR SINGH Versus STATE OF BIHAR **** /3/ 02.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 364A, 366A and 372/34 of the Indian Penal Code. 3. Taking into consideration the fact that there is no allegation of sexual assault upon the petitioner by the victim in her statement recorded under Section 164 of the Criminal Procedure Code and the informant and his wife have not supported the case of the prosecution during trial, let the petitioner, above named, who is in custody since 07.07.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sitamarhi P.S. Case No. 395 of 2009 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, on the 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 bailor shall also state on affidavit that he will inform the Court concerned if the 2 petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iii) 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. S.A. (Anjana Prakash, J.)