IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30563 of 2010 SONU KUMAR @ UPENDRA KUMAR, SON OF SURENDRA PD. Versus STATE OF BIHAR ----------- 2. 08.09.2010 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, 324 and 307/34 of the Indian Penal Code. The petitioner is not named in the First Information Report but subsequently he was arrested on suspicion since he was alleged to be involved in illicit relationship with the Informant and the occurrence took place on account of the fact that on fateful night the petitioner had entered the house of the Informant on her calling but when the deceased awoke, he assaulted the petitioner upon which he was assaulted back by the petitioner. Considering the background of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Patna City, in Fatuha P.S. Case No. 176 of 2010 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. The bailor will undertake to furnish information to the court about 2 any change in address of 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. (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. (v) 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.Ali ( Anjana Prakash, J.)