IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39411 of 2009 FIRDAUS MIAN, son of Mokhtar Mian @ Mokhtar Alam .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 18.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 376/120B of the Indian Penal Code. 3. Taking into consideration the fact that the complainant had instituted the case after one year of the occurrence and it appears to be a case of consent, let the petitioner, above named, who is in custody since 24.04.2009, 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 Mohanpur P.S. Case No. 153 of 2006 to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati, Gaya, 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he 2 shall not be released on bail and (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the 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. S.A. (Anjana Prakash, J.)