IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24335 of 2010 JITU SINGH S/O RAM PRAVESH SINGH Versus STATE OF BIHAR ----------- 4. 02.02.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376,511,379/34 of the Indian Penal Code and 3 (x) SC & ST Act. By the order dated 2.12.2009 vide Cr. Misc. No.42166/2009, the petitioner was refused bail but stating therein that it was being refused presently. It has further submitted that for an occurrence of the same day the mother of the petitioner had also filed a case and it is false reason that the present case has been instituted. 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 to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Jamhor P.S. Case No. 106/09, subject to the conditions, (i) That one of the bailor 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 nephew of the petitioner namely Mantu Singh. The bailor will undertake to furnish information to the Court about any change in address of 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 the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The District Judge, Aurangabad is directed to examine the records of S.T. No. 252/2010 pending before the Special Judge, Aurangabad and satisfy itself as to why charges were not framed against the accused persons even though they were personally present on 25.10.2010, 26.11.2010, 14.1.2010 and 11.1.2010 which is apparent on perusal of the order sheet. Fahad. ( Anjana Prakash, J. )