IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27515 of 2010 CHHEDANI DEVI, WIFE OF DILIP CHOUDHARY Versus THE STATE OF BIHAR ----------- 4. 18.02.2011 The petitioner seeks bail in a case instituted for the offence under Sections 376, 120-B of the Indian Penal Code. The petitioner was refused bail by an order dated 11.3.2010 but she had been granted liberty to renew her prayer for bail after framing of charge. The petitioner after framing of charge, moved this Court for bail once again on the basis of such order but, this Court found that no charge had been framed under Section 376/120B of the Indian Penal Code even though there was specific allegation in this regard. When an explanation was called for from the trial court the trial court reported that he had not framed charge and had mechanically proceeded with the trial without caring to find out about the situation of charge. However, when he received the communication of this Court, he immediately amended the charge to Section 376/120B of the Indian Penal Code. Under the circumstances, no further order need be passed in this regard. However, in the facts of the case, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Saharsa, in 2 Bakhtiyarpur P.S. Case No. 275 of 2009 subject to the following 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is, she 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 her 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. (iv)That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)