IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37162 of 2009 MANOJ MAHATO s/o Late Bachan Mahto of village-Samanpur, P.S. Kundwa Chainpur, Dist- East Champaran ...Petitioner Versus THE STATE OF BIHAR ...OP ----------- 2/ 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363, 366-A and 379/34 of the Indian Penal Code. Taking into consideration the fact that the girl when examined under section 164 Cr.P.C. stated that immediately after she was called away by the petitioner and proposed for marriage she refused and returned to her parent’s house and there is no allegation of any sexual assault upon her, let the petitioner above named, who is in custody since 19.6.2009, 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, Motihari, in connection with Kundwa Chainpur P.S. case no.23 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, and (ii) 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. JA/- (Anjana Prakash, J.)