IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39424 of 2009 1. MD. TANBIR ALAM @ MD. TANBIR SON OF MD. IDRIS 2. MD. HABIS @ HADISH SON OF LATE SUMAN Versus STATE OF BIHAR ----------- 2. 19.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 376(G)/34 of the Indian Penal Code and 3(iii) (vii) of the S.C. & S.T. Act. Taking into consideration the fact that the petitioners were named in the first information report on the basis of the inimical terms between the petitioners and co- accused, but the prosecutrix when examined the next day u/s 164 Cr.P.C. names Haidar, Ishu, Iliyas, Mantu and Aainul but not the present petitioners, let the petitioners above named, who are in custody since 29.6.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S.case No.306 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they fail they shall not be 2 released on bail and (iii) 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 they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )