IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40995 of 2009 DHANANJAY RAM, S/o Parbhans Ram, R/o Village-Dedaur, P.S.- Bakhtiarpur, District-Patna. ..............Petitioner. Versus THE STATE OF BIHAR ..............Opp. Party. ----------- 2/ 27.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 376/34 of the Indian Penal Code. Even, though, in the First Information Report an allegation had been made that the petitioner had also raped the informant but when she was examined under Section 164 Cr. P.C., she specifically stated only about co-accused namely Ravi and merely stated that the petitioner had held her hand, when the co-accused had committed rape. Taking into consideration the aforementioned facts as also that the petitioner has no criminal antecedent and has remained in custody since 01.08.2009, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City in connection with Khusrupur P.S. Case No. 95/09 subject to the following 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 2 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 liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (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. Sanjeet/ (Anjana Prakash, J.)