IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24701 of 2011 Bablu Yadav @ Amit Yadav, son of late Bongi Yadav, resident of Mohalla-Bari Khanjarpur, P.S. Barari, District-Bhagalpur. ……..Petitioner. Versus The State of Bihar. …Opposite Party. ----------- 3. 07.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 379, 376 and 34 of the Indian Penal Code. The prosecution case is that the petitioner who is the elder brother-in-law of the informant committed on rape upon her. During investigation an independent witness has stated that on account of certain financial dispute an altercation took place between informant and her in-laws in which an occurrence of assault had taken place but the same has been exaggerated with allegation of rape. Considering the same, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 67/08 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 and the other bailor shall be the wife of the petitioner. The bailor will also undertake to inform the Court if 2 there is any change in the address of the petitioner. (ii) That the bailor shall also state on affidavit that she 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 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. Kamlesh (Anjana Prakash, J.)