IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8593 of 2010 KRISHNA CHANDRA JHA @ KISHUN JHA, S/o Sri Bechan Jha. Versus THE STATE OF BIHAR ----------- 02. 12.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. The petitioner is alleged to have committed rape upon the informant but when she was medically examined by a board of doctors they opined that the hymen was intact and therefore the submission is that no offence under Section 376 would be made out against the present petitioner. Let the petitioner above named who is in custody since 18.01.2010 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 Chief Judicial Magistrate, Madhubani in connection with Harlakhi P.S. Case No. 82 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. (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. (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. Vikash/- (Anjana Prakash, J.)