IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23478 of 2010 1. RAM EKBAL SAH, SON OF LATE LALCHAND SAH 2. GUDDU SAH, SON OF RAJENDRA SAH Versus STATE OF BIHAR with Cr.Misc. No.28572 of 2010 GIRINDRA SAH, SON OF LATE NATHUNI SAH Versus STATE OF BIHAR ----------- 4. 14.09.2010 Supplementary affidavit in Cr. Misc. No. 28572 of 2010 filed today be kept on the record. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 323, 324, 341, 376(G), 379 and 504 of the Indian Penal Code. The prosecution case is that the Informant saw his wife in an injured condition in a field upon which she told him that she had been raped by three accused persons named in the First Information Report. Admittedly the Informant is not an eye witness to the occurrence and other witnesses have merely stated that they had seen the petitioners fleeing away from the place of occurrence. When the prosecutrix was examined in paragraph-14 of the case diary, she did not name any of the accused persons even though they are co-villagers. It also appears that there is land dispute between the present petitioners and the family members of the Informant. Considering the same, let the petitioners above 2 named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in Bairagania P.S. Case No. 16 of 2010 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after 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. (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. (iv)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)