IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37350 of 2009 BAIJNATH MUKHIYA, son of Janak Mukhiya, resident of village Kokat, P.S. Bahadurpur (Pator O.P.) district Darbhanga .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 05.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 341, 323, 448, 376 and 511/34 of the Indian Penal Code. 3. Taking into consideration the statement of the prosecutrix during trial that the petitioner had only entered into her hut, but, there is no allegation of any overt act against him and now the matter has been compromised between the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Bahadurpur P.S. Case No. 116 of 2009 to the satisfaction of the Additional Sessions Judge, I, Darbhanga, on 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 2 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 and (iii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.A. (Anjana Prakash, J.)