IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17940 of 2010 SENAPATI CHOUDHARY, SON OF HARI NANDAN CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 452, 376, 511, 386 and 504 of the Indian Penal Code. It has been submitted that on 21.9.2009, the petitioner had complained to the Sarpanch about the activities of the Informant and her family, but, the matter could not be sorted out at that level and, therefore, he filed a complaint before the Chief Judicial Magistrate, Samastipur, on 23.9.2009. On the same day, the present case was instituted against the petitioner stating therein that in the night of 18.9.2009, the petitioner had entered into the informant’s house and attempted to sexual assault upon her. Considering the background of the case and also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 21.3.2010, 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 Chief Judicial Magistrate, Samastipur, in Tajpur (Halai) P.S. Case No. 387 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who 2 will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (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. (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. (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. S.Ali ( Anjana Prakash, J.)