IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25016 of 2009 MUKESH KUMAR @ MUKESH SINGH SON OF LATE SHYAMDEO SINGH RESIDENT OF VILLAGE POKHRAMA P.S. KAJRA (SURAJGARHA), DISTT. LAKHISARAI. --------- PETITIONER. Versus STATE OF BIHAR ----------- 3. 16/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case was instituted under Sections 341, 323, 379 and 376 of the Indian Penal Code. However, charge sheet has been submitted under Sections 341, 379 and 376 of the Indian Penal Code only. Petitioner in her complaint filed on 18.9.2008 alleged rape by this petitioner on 14.9.2008 in broad day light at 10.00 A.M. From her complaint itself, it appears that after committing rape, the petitioner was trying to press her neck. In the meantime, some witnesses arrived at the place of occurrence and the petitioner fled away. However, it appears that sufficient material has not come during investigation and therefore, the charge under Section 307 was dropped. It is stated that petitioner was voluntarily surrendered on 3.2.2009 and since then he is in judicial custody. Nothing is stated in the petition with regard to the criminal antecedent of the petitioner. Considering the facts and circumstances of the case, this Court directs the learned court below to enquire about the criminal antecedent of the petitioner and if it finds 2 that the petitioner above named has no criminal antecedent, it shall release him on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Surajgarha (Kajra P.S. Case No. 292 of 2008) with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. S.Ali (J.N. Singh, J.)