IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10258 of 2009 MANTOON MAHTO, son of Chandra Shekhar Mahto, Resident of village- Jogia, Police Station- Bibhutipur, District- Samastipur ...Petitioner Versus STATE OF BIHAR ...OP ----------- 3/ 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 376, 302, 201/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner was not named in the first information report and later on Madan Rajak, the father of the alleged victim girl filed a protest petition on 5.12.2007 stating therein the name of five accused persons but does not name the present petitioner and the petitioners name transpired only on the supervision note of the authority, let the petitioner above named, who is in custody since 28.10.2008, 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 Additional Chief Judicial Magistrate, Rosera, Samsatipur, in connection with Bibhutipur P.S. case no.180 of 2007, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who 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 an accused in any other case and, if he is, he shall not be released on bail, and (iii) 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. JA/- (Anjana Prakash, J.)