IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46622 of 2009 1. BABLOO KUMAR SHEIKH @ BABLU SHEKH SON OF IDRIK SHEIKH 2. SANTOSH KUMAR DAS SON OF LATE BHOLA DAS Versus STATE OF BIHAR ----------- 3. 2.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 366A, 371, 373 of the Indian Penal Code and 4/5 of the A.T.C. Act. In a case of Ruchan Thakur, this Court considering the statements of the two victim girls was of the opinion that they had not given the true story about the occurrence and had not denied that they came to the place of Ruchan Thakur of their own sweet will granted bail to co-accused Ruchan Thakur. The petitioner happens to be the employee of Ruchan Thakur, who runs Payal Theatres and, therefore, his case is on a similar footing if not better. Taking into consideration the aforementioned facts, let the petitioners above named, who are in custody since 2.5.2009 and have no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Buxar in Dumraon P.S.case No.72 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the - 2 - petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 of bail and (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )