IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44456 of 2009 SANJAY THAKUR, S/o Bhawan Thakur Versus THE STATE OF BIHAR ----------- 2 18.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 376 of the Indian Penal Code. Taking into consideration the fact that even though in the F.I.R. the informant is alleged that the victim stated that she has been raped by the present petitioner but the medical report which is of the same day reveals that the hymen was intact and there was no sign of rape on her and, therefore, the police has submitted chargesheet under Sections 376/511 Indian Penal Code as also that there appears to a background of land dispute between the parties, let the petitioner above named, who is in custody since 1.6.2009, 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 C.J.M., Katihar in connection with Falka P.S.case No. 89 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, 2 (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, and (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. Spd/- (Anjana Prakash, J.)