IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40974 of 2009 Rehana Khatoon @ Rehan Khatoon, wife of Akhtar Khalifa, resident of Mohalla-Boha Tola, P.S.-Sitamarhi, District-Sitamarhi. ..........Petitioner. Versus THE STATE OF BIHAR. ...........Opp. Party. ----------- 2/ 27.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 372, 373, 366, 366A and 376(G) of the Indian Penal Code and under Sections 4,5, 6, 8 and 9 of the Prevention of Immoral Traffic Act. In the first informant report, the informant Md. Sonu has stated that his sister Nilam Khatoon had been kidnapped about five years ago and in course of looking for her, they reached a locality and spotted his sister and chanced upon one Kanchan Kumari in the house of the petitioner and, therefore, the petitioner was made an accused, stating that she was using some girls for immoral trafficking. However, when this Kanchan Kumari was examined under Section 164 Cr.P.C. she did not give any incriminating statement against the petitioner. There is no material from any quarter by way of statements of the girls, that they were used for immoral trafficking or that the petitioner was involved in the present occurrence. Under these circumstances, let above named petitioner, who is in custody since 19.8.2009 , be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount 2 each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 387/08 (G.R. No. 1640/08) 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. (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 she 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 give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. Sanjeet/ (Anjana Praksh, J.)