IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 34838 of 2011 Akhileshwar Singh @ Liplas Yadav, S/o Sri Shiv Prasann Singh @ Saral Singh. Versus The State of Bihar with Criminal Miscellaneous No. 34851 of 2011 Surendra Yadav, S/o Sri Chhathu Singh. Versus The State of Bihar ---------------- 02. 25.10.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 452, 376 and 379/34 of the Indian Penal Code. The prosecution case is that one named and three unknown persons forcibly entered into the house of the informant and committed rape upon her. This occurrence allegedly took place on 23.02.2011 and a report about the same was made on 24.02.2011 and 27.05.2011, the statement of the informant was recorded under Section 164 Cr.P.C. wherein she stated that one named and three unknown persons have committed rape upon her. She then filed a petition before the Court below after about three days on 01.06.2011 that she had stated the name of the petitioners who were residing in the same locality but the Court had not recorded the statement correctly. In the further statement that was recorded in 2 the Court on 01.06.2011 she stated that she had found out the names of the present petitioners subsequently. It appears that her statement under Section 164 Cr.P.C. was recorded three months after the occurrence but surprisingly by then the informant had not learnt the names of the petitioners and immediately thereafter she learnt that the names as was submitted by her in further statement recorded on 13.06.2011 which appears to be suspicious. Considering the same, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar Muffasil P.S. Case No. 35 of 2011 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform 3 the court concerned if the petitioners are implicated in any other case of similar nature after their 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. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)