IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1492 of 2010 1. GANESH YADAV, S/o Jamuna Yadav. 2. Rajesh Yadav, S/o Ram Sakal Yadav. Versus THE STATE OF BIHAR ----------- 02. 28.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 366A of the Indian Penal Code. Taking into consideration the fact that the victim girl did not allege any sexual assault upon herself by the present petitioners and there is material to suggest that in fact the victim was in love with co-accused, Dharmendra Yadav who had been implicated at an earlier point of time and it does not appear to be a case of kidnapping, let the petitioners above named who are in custody since 07.10.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 71 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close - 2 - relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state 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. Vikash/- (Anjana Prakash, J.)