IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6589 of 2011 VIKASH KUMAR @ MINTU son of Lal Bahadur Pal Versus THE STATE OF BIHAR With Cr. Misc. No. 7230 of 2011 KAJARA CHOUDHARY @ KAJRU CHOUDHARY son of Surendra Choudhary @ Putan Choudhary Versus THE STATE OF BIHAR With Cr. Misc. No. 7271 of 2011 GHYANSHYAM PRASAD @ GHANSHYAM KUMAR son of Devendra Prasad Versus THE STATE OF BIHAR ----------- 2/ 23.03.2011 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under sections 363, 366-A/34 of the Indian Penal Code. It has been submitted that it is evident from the statement of the alleged victim that it is a clear case of consent between the parties and the girl was opined to be more than eighteen years of age. Considering the same, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Additional Chief Judicial Magistrate, Barh, in connection with Athmalgola P.S. Case No.114 of 2010, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who 2 will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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,(iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)