IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12555 of 2010 KAILASH HARIJAN @ KAILASH DAS son of Late Bhaggu Das @ Bhaggu Harijan Versus STATE OF BIHAR ----------- 3/ 13.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 448 and 376 of the Indian Penal Code. It has been submitted on 16.6.2008, the present informant had instituted a case against the petitioner for the offence under sections 448, 341, 323, 504 and 506/34 Indian Penal Code and in this background it does not seem probable that the petitioner would offer her sweets and then commit the present occurrence. Further submission is that even though there is allegation that the petitioner’s trousers and slipper were left at the place of occurrence but there is no seizure of the same, whereas, the petitioner’s mobile was seized which is evident from Annexure-2. In fact, on the same day the petitioner had also filed a complaint against the husband of the informant and it is on account of this reason this counter case has been instituted. However, considering that the petitioner is in custody since 7.2.2010, 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, Banka, in connection with Rajoun P.S. Case No.152 of 2009, 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. The bailors will undertake - 2 - to furnish information to the court about any change in the address of the petitioner, (ii)That the affidavit shall clearly state that the petitioner is not accused in any other case except the case instituted by the informant earlier and, if he is, he shall not be released on bail, (iii)That the bailors shall also state on affidavit that they 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, (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, his bail will be liable to be cancelled for reasons of misuse, (v)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)