IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42931 of 2009 1. PRAKASH GOSWAMI 2. BISHNU GOSWAMI BOTH SONS OF PRASADI GOSWAMI Versus STATE OF BIHAR ----------- 2. 9.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364, 366 and 120B of the Indian Penal Code. Taking into consideration the fact that in her statement u/s.164 Cr.P.C., the victim, who is aged about 30 years, has not alleged any sexual assault upon her by the present petitioners and the occurrence is said to have taken place on account of signing on sale deed, let the petitioners above named, who are in custody since 18.9.2009 and 10.9.2009 respectively and have no criminal antecedents of similar nature, 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 Chief Judicial Magistrate, Banka in Dhoraiya (Dhankund) P.S.case No.45 of 2007, 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 petitioners, (ii) 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 - 2 - initiate the proceeding for cancellation of bail on the ground of misuse and (iii) that the petitioners 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 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. )