IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31834 of 2011 Mithu @ Md. Mitthu @ Md. Mithu, Son of late Md. Salim, resident of Mohalla-Mojahidpur, Purab Tola, P.S.-Mojahidpur, District-Bhagalpur. Versus The State of Bihar ----------- 02. 19.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 363, 366(A)/34 of the Indian Penal Code. Considering the fact that the alleged victim in her statement under Section 164 Cr. P.C. stated that she had gone with co-accused Saddam out of her own sweet will and other co-accused, namely Khurshid @ Munna has already been granted anticipatory bail in Cr. Misc. No. 24541 of 2011 on 11.8.2011 by a bench of this Court, let the petitioner, above named be released on bail in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 66 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. and- (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 also undertake to inform the Court if there is any change in the address of 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 2 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. (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. Sanjeet (Ashwani Kumar Singh, J.)