IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19645 of 2010 1. BIDHU ANSARI, SON OF LATE ISMAIL ANSARI 2. MD. MASIK, SON OF LATE MAZEET Versus STATE OF BIHAR ----------- 4. 04.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 342, 323, 379, 376 and 511 of the Indian Penal Code. The prosecution case is that the petitioners attempted to commit rape upon the Informant and, thereafter assaulted her husband when she was going to institute the present case. However, considering that the petitioners are in custody since 1.1.2010, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in Kadwa P.S. Case No. 113 of 2009, G.R. No. 1701 of 2009 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 and the other shall be the wife/brother of 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 2 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. The fact that the petitioners are accused in one other case which has also been instituted by the Informant/her family members and none other will be verified by the Magistrate before releasing the petitioner on bail. Considering the nature of allegation against the petitioners, the Officer-in-Charge, Kadwa P.S., District Katihar, through the Superintendent of Police, Katihar, is directed to keep a watch on the petitioners’ conduct and in case if it is found wanting in any respect, a report shall be made to the court concerned for cancellation of bail. S.Ali ( Anjana Prakash, J.)