IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2338 of 2010 RAJESH KUMAR SON OF MOHAN CHAUDHARY Versus THE STATE OF BIHAR ----------- 3. 6.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 377 of the Indian Penal Code. The petitioner is not named in the first information report, which has been instituted against an unknown person, who committed an unnatural offence with the son of the informant. During investigation the petitioner was pinpointed as the person, who was the unknown person, who has committed the act. However, during trial four witnesses have been examined including the victim and the informant, but in their evidence the petitioner has neither been named nor has been identified as the person involved in the offence. In view of such, let the petitioner above named, who is in custody since 10.10.2009 and has no criminal antecedents, be 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 Chief Judicial Magistrate, Muzaffarpur in Brahampura P.S.case No.148 of 2009, subject to 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 shall - 2 - not be released on bail, (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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )