IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36776 of 2009 SURESH MAHTO s/o Late Daahur Mahto, Versus STATE OF BIHAR ----------- 3/ 06.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363, 366-A and 120-B of the Indian Penal Code. Initially, a case under section 366-A Indian Penal Code was instituted against five unknown persons including owner of STD Booth. Later on, the victim was recovered after six months, who gave statement under section 164 Cr. P.C. specifically alleging about Rupa, Binod, Khan, Dinma and Munshi Lal but nothing about the petitioner. In fact, there is no averment that any unknown person has committed any sexual assault upon the victim. The petitioner was named in the confessional statement of the co-accused in which it has been stated that the petitioner was also one of the molesters of the victim. However, in view of the statement of the victim girl under section 164 Cr. P.C., let the petitioner, above named, who is not named in the statement under section 164 Cr. P. C. and has no criminal antecedent, 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 the Additional Sessions Judge-cum- Fast Track Court No. II, Samastipur, in connection with S. Tr. No. 83 of 2009, subject to the conditions (i)that one of the bailors will be a close relative of the - 2 - petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner,(ii) that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail,(iii)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 the ground of misuse, and (iv)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. JA/- (Anjana Prakash, J.)