IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39386 of 2009 SHRIDHAR KUMAR SON OF RAMKINKAR SHARMA Versus STATE OF BIAHR ----------- 2. 19.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 376 of the Indian Penal Code. It has been stated in the first information report itself that in May, 1997 the complainant’s husband was made an accused for the murder of the grand father of the present petitioner and it has been submitted that the present petitioner was a witness in the said case and, therefore, the present case has been instituted as a back clash. Taking into consideration the earlier dispute between the parties as also the fact that the complainant/informant and the petitioner are close relatives, let the petitioner above named, who is in custody since 8.9.2009, 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 C.J.M., Jehanabad in Complaint Case No.645 of 2006, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the petitioner will give an undertaking that he will receive the police papers on the 2 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 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. Narendra/ ( Anjana Prakash, J. )