IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45907 of 2009 1. DILIP PASWAN 2. PAPPU PASWAN BOTH SONS OF WAKIL MANJHI, R/O JOKHUWA MUKARERA, P.S. RAVILGANJ, DISTRICT SARAN (CHAPRA) .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 08.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 366A and 120B of the Indian Penal Code. 3. Taking into consideration the fact that when the victim girl was examined, she did not allege any sexual assault upon herself by the main accused, Sumit, who happens to be brother of the present petitioners, let the petitioners, above named, who are in custody since 31.10.2009 and has no criminal antecedent be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Bhagwan Bazar P.S. Case No. 287 of 2009 (G.R. No. 3745 of 2009) to the satisfaction of the Chief Judicial Magistrate, Chapra, Saran, on the conditions (i) that one of the bailors will be a close relative of each if the petitioners who will give an 2 affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/they 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(s) is/are implicated in any other case of similar nature after his/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 and (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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)