IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.20465 OF 2009 BABLOO SINGH @ AMIT KUMAR, SON OF RAMESH SINGH, RESIDENT OF VILLAGE BABUAGANJ (GAYA GHAT), POLICE STATION ALAMGANJ (PATNA CITY), DISTRICT PATNA VERSUS STATE OF BIHAR ----------- 4 30.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under section 376 of the Indian Penal Code. Case diary was called for and after going through the same, learned counsel for the State submits that except for the statement of Geeta Devi that petitioner was seen near the school in the evening, no other witness has supported the prosecution case. Learned counsel for the petitioner submits that earlier also a false case was lodged against petitioner under Section 376 of the I.P.C. in which he has been allowed bail. He further submits that petitioner had a land dispute with the informant of the said earlier case and Geeta Devi being a close relative of the said informant has made a false statement before the police of having seen petitioner near the school in the evening. - 2 - Petitioner is in custody since 17.9.2008. Considering the above materials and period of incarceration of the petitioner, the application is allowed. Let petitioner (Babloo Singh alias Amit Kumar) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 11, Patna in S.T. No. 2544 of 2008 arising out of Alamganj P.S. Case No. 205 of 2008 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)