IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44072 of 2009 MONU KUMAR S/O LATE RAJENDRA KEDIA R/O PURANI BAZAR, SURAJGARHA, P.S- SURAJGARHA, DISTT- LAKHISARAI, Versus THE STATE OF BIHAR **** /3/ 08.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 376of the Indian Penal Code. 3. Even though a case of rape has been made out in the first information report, but, from the materials collected in the case diary it emerges that probably the girl was having some kind of affair with the present petitioner and it was a case of consent if at all and the medical report does not support the factum of rape in any manner whatsoever and, in fact, shows that the victim was habitual of sexual intercourse, under the circumstances, let the petitioner, above named, who is in custody since 05.11.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Surajgarha P.S. Case No. 74 of 2009 to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 2 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 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)