IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3841 of 2010 MD.ASHFAQUE, son of Md. Idrish Versus STATE OF BIHAR ----------- 2/ 11.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 366, 365 and 366-A/34 of the Indian Penal Code. It has been submitted that prior to the present occurrence earlier also the victim and the present petitioner had eloped in which substantive case the petitioner had been allowed bail by this court vide annexure-5, and thereafter, the present case has been instituted for the same offence, wherein, the victim girl in her statement recorded under section 164 Cr. P.C. has not alleged any sexual assault upon herself. From the materials collected, it appears that girl is a major and there is more to the case than meets the eyes. Under the circumstances, let the petitioner, above named, who is in custody since 6.7.2009, 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 Additional Sessions Judge, IIIrd, Gopalganj, in connection with S. Tr. No.467 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 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 - 2 - 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 (iii) 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.)