IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39779 of 2009 ARJUN SINGH @ ARJUN KUMAR SINGH son of Kamlesh Singh, Resident of Village Bankat, Police Statin Agiaon, District Bhojpur. Versus STATE OF BIHAR ----------- 2 2/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, though named as one of the two accused making an attempt to outrage the modesty of the victim girl for the alleged offence under section 376/511 of the Indian penal Code, would seek bail primarily on the ground that the police after investigation has found the offence under sections 354/452 of the Indian Penal Code and that the co-accused Karnbir Singh having identical allegation as that of the petitioner has been released on bail by order dated 11.8.2009 in Cr. Misc. No.21771 of 2009 by taking into account that he was in custody for a period of almost five months. Counsel for the petitioner would submit that the petitioner has only one criminal case pending against him and that too for a family dispute where there is case and counter case. This aspect of the matter has been in fact explained in the supplementary affidavit filed today. The aforementioned submissions especially the fact that the co-accused Karnbir Singh has already been 2 granted bail and the petitioner’s criminal antecedent seems to be almost fair and by also considering the fact that the petitioner is in custody since 22.11.2008, this Court would direct the petitioner, namely, Arjun Singh @ Arjun kumar Singh to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anand Abhishek, judicial Magistrate, Ist Class, Bhojpur at Arrah in Agiaon (Garhani) P.S. Case No.43 of 2008, G.R. No.1561 of 2008, on the condition that one of the bailer of the petitioner must be either of his parents and that he on being released on bail will not tamper with the evidence of the prosecution. It will however be open for the Informant to seek cancellation of bail of the petitioner if she can show that the petitioner had criminal antecedent of more than one case or that she had been subjected to any threat/coercion by the petitioner after his being released on bail. Abhay Kumar (Mihir Kumar Jha, J.)