IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17656 of 2010 MOHAN SINGH S/O LAKHAN SINGH Versus STATE OF BIHAR ----------- 3. 25.6.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 376 (2) (g)/323 of the Indian Penal Code. It is submitted that even though in the FIR the victim had alleged that the petitioner had committed rape upon her but during investigation she appeared before the investigating officer and she stated that she had filed this case on the instigation of her lawyer. Thereafter, final report was submitted in the matter. In view of such, let the petitioner, above named, be released on provisional bail for a period of 6 weeks, on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Lakhisarai, in connection with Suryagarha, P.S. case no. 211/01 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 bailor will undertake to furnish information to the court about any change in the address of the petitioner. (ii) That the affidavit shall 2 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, (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. The court below shall notice the informant and verify as to whether she has resiled from her allegation before the investigating officer. In case, it is found to be correct, the petitioner’s provisional bail shall be confirmed by the court below and if not, provisional bail of the petitioner shall be cancelled and the petitioner shall be taken into custody. Fahad. ( Anjana Prakash, J.)