IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28589 of 2009 SHAHJAHAN, S/o Late Sahid Hussain. Versus THE STATE OF BIHAR ----------- 03. 04.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 376, 504 and 120B/34 of the Indian Penal Code. It has been submitted that even though the occurrence is dated 13.06.2007, the complaint was instituted on 31.08.2007 and there is no medical report to show either medical condition or the age of the victim concerned. During investigation another story has been given by the witnesses which belie the claims of the informant that it was a case of rape, so let the petitioner above named who 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, Kishanganj in connection with Kochadhaman P.S. Case No. 110 of 2007 subject to the following conditions:- (i) That one of the bailors - 2 - 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 accused in any other case and if he is he shall not be released on bail. (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. Vikash/- (Anjana Prakash, J.)