IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46652 of 2009 RAMU SAO, son of Chandeshwar Sao Versus STATE OF BIHAR ----------- 2/ 12.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 341, 323, 376, 379 of the Indian Penal Code. Earlier, prayer for bail was rejected by this Court vide Cr. Misc.11648 of 2009 by order dated 19.5.2009 but subsequently, another co-accused on the ground of earlier litigation has been released on bail vide Cr. Misc. No. 40408 of 2009 by order dated 1.12.2009 and, therefore, the petitioner has renewed his prayer for bail. There is no doubt that the prosecutrix is adult aged about 37 years and the petitioner has remained in custody since 11.9.2008, let the petitioner, above named, who has no antecedent, 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 the J. M. Ist Class, Danapur, in connection with Bihta P.S. case no.152 of 2008, 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 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 - 2 - liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)