IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34113 of 2009 ASHOK SAH @ ASHOK KUMAR SON OF BUNILAL SAH, RESIDENT OF VILLAGE MAIKI KOTWA, POLICE STATION GARKHA, DISTRICT SARAN …… PETITIONER Versus STATE OF BIHAR ----------- 2. 12.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 323, 341, 448, 379, 376 and 504/34 of the Indian Penal Code. Taking into consideration the fact that it is merely an attempt to commit rape and the allegation is that the police did not take any action in the matter, let the petitioner above named, who is in custody since 9.6.2009 and has no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in connection with Garkha P.S.case No.80 of 2009, subject to 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 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 and (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any - 2 - 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. The petitioner is directed to report to Garkha Police Station every 15 days for the next six months and his conduct will be kept under watch by the Officer Incharge, Garkha P.S. for the next six months. Narendra/ ( Anjana Prakash, J. )