IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9123 of 2010 SAMPHOOL MUNI, son of late Nabi Muni Versus THE STATE OF BIHAR ----------- 2/ 23.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 376 of the Indian Penal Code. Subsequent to alleging rape upon herself, the informant has compromised the matter with the petitioner about whom it has been stated in the First Information Report that he was a desperate character. In view of the compromise and the fact that the petitioner has no criminal antecedent, let the petitioner, above named, 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 the Chief Judicial Magistrate, Katihar, in connection with Falka P.S. case no. 70 of 2005, 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 accused in any other case and, if he is, he shall not be released on bail, (iii)that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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, and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and - 2 - 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. In view of the nature of allegation, the petitioner is directed to appear before the Officer-in-charge, Falka P.S. within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Officer-in- charge concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Officer-in-charge, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)