IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43080 of 2009 KAMESHWAR YADAV SON OF AANDHI YADAV Versus STATE OF BIHAR ----------- 2. 15.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 448, 341, 323, 379, 504/34, 313 of the Indian Penal Code and 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Taking into consideration the fact that all the offences except Section 313 I.P.C. are bailable and there is no allegation of causing abortion in the first information report, let the petitioner above named, who is in custody since 17.10.2009 and against whom there is a general allegation, 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, Nawada in Warsaliganj P.S.case No.109 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 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 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 - 2 - the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Narendra/ ( Anjana Prakash, J. )