IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4878 of 2010 SUNU MANDAL, SON OF SHUKAR MANDAL Versus STATE OF BIHAR ----------- 2. 22/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376/34 of the Indian Penal Code. On 15.8.2006, the petitioner filed a case against the present Complainant/Informant stating therein that his mother had been assaulted by the accused persons and thereafter, the present Complaint was filed on 13.9.2006. The submission is that it is a back clash to the case filed by the petitioner, thereafter, the matter has been compromised between the parties which are evident from Annexure-3. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 23.8.2009, 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 Chief Judicial Magistrate, Banka, in connection with Amarpur (Fullidumar) P.S. Case Bo. 144 of 2006 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. (ii)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 - 2 - the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii)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. (iv)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.)